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CITY OF IOWA CITY
410 East Washington Strcet
Iowa City, Iowa 52240-1826
(319) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4568, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of
January, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on January 16, 2014.
Dated at Iowa City, Iowa, this 14th day of February 2014
Jull Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
I fFED�.ID#42-0330670 f
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS-CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
before me this day of
Notary Public
FACHELSINALLA
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OFFICIAL PUBLICATION
ORDINANCE NO. 14-4568
ORDINANCE REZONING
APPROXIMATELY 15.78 ACRES
FROM COUNTY RESIDENTIAL
(R) TO NEIGHBORHOOD PUBLIC
(P-1) AND 29.07 ACRES FROM
COUNTY RESIDENTIAL (R) TO
INTERIM DEVELOPMENT-
SINGLE
EVELOPMENTSINGLE FAMILY RESIDENTIAL
(ID -RS) LOCATED ON
SYCAMORE STREET SOUTH OF
THE CURRENT CITY LIMITS.
(REZ13-00023)
WHEREAS, the applicant, the
Iowa City Community School
District, with the consent of the
owner, has requested a rezoning of
property located on Sycamore
Street south of the current city
limits from County Residential (R)
to Neighborhood Public (P-1) and
Interim Development -Single Family
Residential (ID -RS); and
WHEREAS, the Comprehensive
Plan indicates that the southern
portion of the subject property is
appropriate for Neighborhood
Public zoning; and
WHEREAS, the Comprehensive
Plan- South District Plan indicates
that the southern portion of the
subject property is an appropriate
location for a school; and
WHEREAS, Interim Development
zoning is appropriate for the north-
ern portion of the property until
such a time as a development plan
is submitted in compliance with the
Comprehensive Plan; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of County Residential (R) to
Neighborhood Public (P 1) and
Interim Development -Single Family
Residential (ID -RS) as follows:
LEGAL DESCRIPTION
Description: The approximate-
ly 29.07 acres described below
is hereby reclassified and
rezoned from County
Residential (R) to Interim
Development -Single Family
Residential (ID -RS):
A PORTION OF THE
NORTHEAST QUARTER OF THE
NORTHWEST QUARTER AND
THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER
ALL OF SECTION 26, TOWNSHIP
79 NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL
MERIDIAN, DESCRIBED AS
FOLLOWS:
Beginning at the North Quarter
Corner of Section 26, Township
79 North, Range 6 West, of the
Fifth Principal Meridian; Thence
S01 102'07"E, along the East Line
of the Northwest Quarter of said
Section 26, a distance of 1753.98
feet; Thence S89°00'10"W,
989.09 feet; Thence
NOW59'50"W, 60.00 feet; Thence
N89°00'10"E, 274.88 feet;
Thence N01°02'07"W, 1686.17
feet, to a Point on the North Line
of said Northwest Quarter;
Thence N88022'36"E, along said
North Line, 714.21 feet, to the
Point of Beginning. Said Zoning
Parcel contains 29.07 Acres
(1,266,348 square feet), and is
subject to easements and restric-
tions of Record.
Description: The approximate-
ly 15.78 acres described below
is hereby reclassified and
rezoned from County
Residential (R) to Neighborhood
Public (P-1):
A PORTION OF THE
SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER ALL OF
SECTION 26, TOWNSHIP 79
NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL
MERIDIAN, DESCRIBED AS
FOLLOWS:
Commencing at the Southeast
Corner of the Southeast'Quarter
of the Northwest Quarter of
Section 26, Township 79 North,
Range 6 West, of the Fifth
Principal Meridian; Thence
N01 °02'07"W, along the East Line
of said Southeast Quarter of the
Northwest Quarter, 250.01 feet,
to the Point of Beginning; Thence
S88°24'05"W, 1056.21 feet;
Thence N33156'01"W, 287.10
feet; Thence N71°52'45"E,
233.05 feet; Thence
NOW59'50"W, 347.99 feet;
Thence N89°00'10"E, 989.09
feet, to a Point on said East Line
of the Southeast Quarter of the
Northwest Quarter; Thence
S01 °02'07"E, along said East
Line, 646.48 feet, to the Point of
Beginning. Said Rezoning Parcel
contains 687,186 Square Feet
(15.78 Acres), and is subject to
easements and restrictions of
record.
SECTION II. ZONING MAP The
Building Inspector is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of this
ordinance by law.
SECTION III. CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to fecord the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE .DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 7th day
of January, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC -8000030715
January 16, 2014
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UP AM
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www. icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4569, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of
January, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on January 16, 2014.
Dated at Iowa City, Iowa, this 14th day of February 2014.
.V
K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, as
published in said paper ____
time(s), on the following dat (s):
ao ��
Legal Clerk
Subscrib d and sworn to
b fore me this day of
CUI LCV) A.D.20-Y—.__.
Notary Public
o s RACHEL 8HALu
Cmmliftlon Number ='+W M1S
MY
12106✓2018
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4569
ORDINANCE REZONING
APPROXIMATELY 15.14 ACRES
FROM COUNTY RESIDENTIAL
(R) TO NEIGHBORHOOD
PUBLIC (P-1) LOCATED ON
AMERICAN LEGION ROAD AND
BARRINGTON ROAD. (REZ13-
00025)
WHEREAS, the applicant; the
Iowa City Community School
District, with the consent of the
owner, has requested a rezoning of
property located on American
Legion Road and Barrington Road
from County Residential (R) to
Neighborhood Public (P-1); and
WHEREAS, the Comprehensive
Plan- Southeast District Plan indi-
cates that the subject property is
appropriate for public open space;
and
WHEREAS, the Comprehensive
Plan- Southeast District Plan indi-
cates that locating a school site
near neighborhood destinations
like public open spaces is advis-
able; and
WHEREAS, Neighborhood Public
zoning complies with the intent of
the Southeast District Plan; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of County Residential (R) to
Neighborhood Public (P-1):
LEGAL DESCRIPTION
A PORTION OF THE NORTHEAST
QUARTER OF THE SOUTHEAST
QUARTER, AND A PORTION OF
THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER ALL
OF SECTION 18, TOWNSHIP 79
NORTH, RANGE 5 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
Commencing at the Southeast
Corner of Section 18, Township 79
North, Range 5 West, of the Fifth
Principal Meridian; Thence
N89°49'55"W, along the South
Line of the East One -Half of the
Southeast Quarter of said Section
18, a distance of 1317.87 feet, to
the Southwest Corner of said East
One -Half; Thence N00°3,1'57" E,
along the West Line of said East
One -Half, 700.14 feet, to the Point
of Beginning; Thence continuing
N00°31'57"E, along said West
Line, 556.81 feet, to a Point on the
South Line of Lot 1 of Lacina
Farmstead, in accordance with the
Plat thereof Recorded in Plat Book
33 at Page 146 of the Records of
the Johnson County Recorder's
Office; Thence S89°25'05"E, along
said South Line 0.76 feet, to the
Southeast Corner of said Lot 1;
Thence N00°33'48"E, along said
the East Line of said Lot 1, a dis-
tance of 590.74 feet, to the
Northeast Corner thereof, and a
Point on the Centerline of American
Legion Road SE; Thence
S66°43'53"E, along said
Centerline, 602.89 feet; Thence
S23°16'07"W, 61.50 feet; Thence
Southeasterly, 164.31 feet along a
170.00 foot radius curve, concave
Northeasterly, whose 157.99 foot
chord bears SO4°25'14"E; Thence
S32°06'35"E, 254.99 feet; Thence
Southeasterly 131.15 feet along a
230.00 foot radius curve, concave
Southwesterly; whose 129.38 foot
chord bears S15°46'27"E; Thence
S00°33'41 "W, 361.88 feet; Thence
N89°26'19"W, 720.68 feet, to the
Point of Beginning. Said Parcel of
Land contains 15.14 Acres
(659,342 square feet), and is sub-
ject to easements and restrictions
of record.
SECTION II. ZONING MAP. The
Building Inspector is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of this
ordinance by law.
SECTION III, CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 7th
day of January, 2014
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC.6000030720 January 16, 2014
r
Al
Mang�.
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4570, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
February, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on February 27, 2014.
Dated at Iowa City, Iowa, this 17th day of March 2014.
JUII . Voparil
Deputy City Clerk
Printer's Cee ii S a ._--I —5
CERTIFICATE OF PUBLICATION
,STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID##42\0`330670
f
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper_,___
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
be a me this day of
A.D.20L--Z—.
Notary Public
eu( iR4ACHEL SHALLA
$I" Commission Number 781715
j§4 My Commission Expires
12/06/2016
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4570
ORDINANCE AMENDING TITLE
1, ENTITLED
"ADMINISTRATION," CHAPTER
4, ENTITLED "GENERAL
PENALTY," SECTION 2D TO
PROVIDE THAT THE CIVIL
PENALTY FOR FAILING TO
COMPLETE AN
INFORMATIONAL DISCLOSURE
AND ACKNOWLEDGMENT
FORM IS $500.00 FOR FIRST
VIOLATION, $750.00 FOR
SECOND VIOLATION, AND
$1,000.00 FOR THIRD AND
SUBSEQUENT VIOLATIONS.
WHEREAS, over -occupancy of
rental units is an issue that nega-
tively impacts the quality and value
of neighborhoods;
WHEREAS, Section 17-5-14 of
the City Code requires landlords
and tenants to sign an Informational
Disclosure and Acknowledgement
Form which, in part, states the
maximum occupancy of the rental
unit;
WHEREAS, although landlords
and tenants have been required to
sign the Informational Disclosure
and Acknowledgement Form for
over ten years, the form is often not
completed or not fully completed
(e.g., not all tenants sign it);
WHEREAS, the civil penalties
presently are $250.00 for first viola-
tion, $500.00 for second, and
$750.00 for third and subsequent
violations;
WHEREAS, the civil penalty for
over -occupancy is $750.00 for first
violation and $1,000 for second
and subsequent violations; and
WHEREAS, in order to increase
compliance with the occupancy
standards, it is in the best interest
of the City to raise the civil penalty
for failing to complete the
Informational Disclosure and
Acknowledgment form to $500.00
for first violation, $750.00 for sec-
ond, and $1,000.00 for third and
subsequent violations.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AMENDMENTS.
1.Title 1, entitled "Administration,"
Chapter 4, entitled "General
Penalty," Section 2, entitled "Civil
Penalties for Municipal Infractions,"
is amended by adding a new
Subsection D3:
The civil penalty for violation of
section 17-5-14 of this code shall
be punishable. as provided in the
following schedule for each day a
violation exists or continues:
First offense $ 500.00
Second offense $ 750,00
Third and subsequent offense
$1,000.00
SECTION II REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 18th
day of February, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
Clerk
PC4M032251 February 27, 2014
� r 1
-NI-t �1.066
ILI Q , l
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 3S6-5009 FAX
%vww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4571, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
February, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on February 27, 2014.
Dated at Iowa City, Iowa, this 17th day of March 2014.
Jule K. Voparil
Deputy City Clerk
Printer's Fee a`
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _�___
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
be re me this day o
A.D.26_L, .
Notary Public
eIAta RACHEL SHALLA
o Commission Number 781715
s 4g•
My Commission Expires
'Owl' 12/06/2016
2. The outdoor service area
OFFICIAL PUBLICATION
shall only be operational while
ORDINANCE NO. 14-4571
the establishment is serving
CONSIDER AN ORDINANCE
food from an on -premise
AMENDING TITLE 4,
kitchen and the outdoor ser -
"ALCOHOLIC BEVERAGES",
vice area must be closed to all
CHAPTER 3, "OUTDOOR
patrons by 10 PM or whenev-
SERVICE AREAS; SEASONAL,
er the kitchen is closed,
FIVE DAY OR FOURTEEN DAY
whichever is earlier.
LICENSES AND PERMITS",
3. The outdoor service area
SECTION 4-3-1, "OUTDOOR
occupancy limit shall not
SERVICE AREAS" TO AMEND
exceed 30 persons.
THE LOCATION RESTRICTIONS
4. A lighting plan for the out -
ON OSA'S IN THE CC -2 ZONE
door service area must be
WITH THE ADDITION OF
filed with the application and
POTENTIAL REGULATORY
approved by the City Manager,
CONDITIONS
or designee.
WHEREAS, the City regulates
The City Council may at any
various aspects of Outdoor Service
time modify the above conditions
Areas ("OSAs") (areas with avail-
or impose additional conditions
able alcohol on private property)
on a permit for an outdoor ser -
through regulatory provisions con-
vice area for a property in the
cerning location, screening, exits,
CC -2 zone that is within one
occupancy, noise, signage and
hundred (100') feet of an R (resi-
building code; and
dential) zone, if sufficient con -
WHEREAS, the existing regula-
flicts with properties in the adja-
tions prohibit GSA's from locating
cent R (residential) zone have
within 100' of a residential bound-
been identified or are to be rea-
ary in the' CC -2 (Community
sonably expected.
Commercial) zone, although the
In the event that property within
same restriction does not apply in
one hundred feet (100') of an
the CB -2, CB -5 and CB -10 (central
established outdoor service area
business district) zones; and
is rezoned to any R (residential)
WHEREAS, an existing business
zone classification, such outdoor
with current usable space for an
service area shall be permitted to
OSA has asked for a review of the
continue in operation so long as it
prohibition of OSA's within 100' of
is continuously authorized as
a residential zone in the CC -2
such by the City Council without
zone; and
lapse, suspension or revocation.
WHEREAS, with the addition of
The City Council may waive oper-
potential regulatory conditions,
ation of this provision to permit
OSA's may be appropriate in CC -2
continued operation of the out -
zones within 100' of a residential
door service area in the event of
zone, with the added benefit of
lapse or suspension of the license
creating enhanced business
or permit for the establishment or
opportunities along with improving
in the event of lapse or suspen-
the viability of walkable neighbor-
sion of City Council authorization
hood establishments while appro-
for the outdoor service area.
priately protecting adjacent resi-
SECTION II. REPEALER. All ordi-
dential properties; and
nances and parts of ordinances in
WHEREAS, the City Manager's
conflict with the provisions of this
Office recommends passage of
Ordinance are hereby repealed.
this ordinance as in the public
SECTION III. SEVERABILITY. If any
interest to enhance business
section, provision or part of the
opportunities and improve the via-
Ordinance shall be adjudged to be
bility of walkable neighborhood
invalid or unconstitutional, such
establishments while protecting
adjudication shall not affect the
adjacent residential properties.
validity of the Ordinance as a
NOW, THEREFORE, BE IT
whole or any section, provision or,
ORDAINED BY THE CITY
part thereof not adjudged invalid or
COUNCIL OF THE CITY OF IOWA
unconstitutional.
CITY, IOWA, THAT:
SECTION IV. EFFECTIVE DATE.
SECTION I. AMENDMENT.
This Ordinance shall be in effect
Title 4, "Alcoholic Beverages",
after its final passage, approval
Chapter 3, "Outdoor Service Areas;
and publication.
Seasonal, Five Day or Fourteen
Passed and approved this 18th
Day Licenses and Permits",
day of February, 2014.
Section 4-3-1, "Outdoor Service
s/Matthew J. Hayek, Mayor
Areas", Section C, "Regulation of
Attest: s/Marian K. Karr, City Clerk
Outdoor Service Areas", subsec-
tion 1 "Location Restrictions", sub-
February
paragraph "d" is hereby amended
"°-°°°°"'2252
by repealing said subparagraph
"d" in its entirety and adopting a
new subparagraph "d" as follows:
a. An outdoor service area shall
be permitted in any C (commer-
cial) zone, as provided by title 14
of this code, provided an out-
door service area shall not be
permitted if any part thereof lies
within one hundred feet (100') of
an R (residential) zone except in
CC -2, CB -2, CB -5, and CB -10
zones. If the property is zoned
CC -2, an outdoor service area is
only allowed within one hundred
(100') feet of an R (residential)
zone if all of the following condi-
tions are satisfied:
1. The outdoor service area is,
only allowed if associated with
a restaurant, as defined in this
Chapter.
I r i
� �+• iMIM&OHL..
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
twww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4572, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on March 13, 2014.
Dated at Iowa City, Iowa, this 15th day of April 2014.
Ju I . Voparil
Deputy City Clerk
�•�
OFFICIAL PUBLICATION
Printer's Fee a.j�
ORDINANCE NO. 14-4572
AN ORDINANCE AMENDING
OF PUBLICATION
TITLE 15: LAND SUBDIVISIONS
TO REMOVE MAXIMUM DISTANCE
CERTIFICATE
REQUIREMENTS FOR THE
PLACEMENT OF CLUSTERED
OF IOWA,
MAILBOXES I N NEW
,STATE
SUBDIVISIONS AND ADDING
GUIDELINES TO ENSURE
COLINTYf, SS'
APPROPRIATE PLACEMENT OF
JOHNSON
LARGE CONCENTRATIONS OF
MAILBOXES.
IOWA CITY PRESS -CITIZEN
WHEREAS, the Subdivision
currently require that
THE
Regulations
mailbox clusters be located within
FED.ID#42-0330670
one block or 600 feet walking
distance of the residences they
serve; and
WHEREAS, the U.S. Post Office
has indicated it will no longer
if
support these maximum distance
requirements, which may result in
being duly sworn, say that I am
larger mailbox clusters; and
WHEREAS, there are traffic safety
the IOWA CITY
and aesthetic concerns associated
the legal clerk of
with large mailbox clusters that
PRESS -CITIZEN, a newspaper
may impact individual properties
adjacent to cluster sites; and
and
to
published in said county,
to he r gulattio sr arresed nt intended
copy Of
provide flexibility to address these
that a notice, a printed
concerns on a case-by-case basis
is hereto attached as
based on the design and density of
which � 1
the proposed subdivision; and
In said paper _
WHEREAS, the Planning and
published
Zoning Commission has reviewed
the following date(s):
thisordinan a amendment and
time(s), on
recom'
1
CORDAINED
NOW, THEREFORE, BE IT
BYTHE CITY COUNCIL
OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
..-
Iowa is hereby amended as follows:
Delete the following paragraphs
15-3-10B and C and replace with
Legal Clerk
the following:
B. Mailbox clusters serving
residential developments shall
Subscrib d and sworn to
be conveniently located for
this �dof
residents. Unless otherwise
approved by the City, mailbox
clusters shall be located in an
outlot maintained by the
Eat
homeowners association.
Mailboxes should be located in
a manner that provides safe
access for residents, e.g. does
not require residents to cross
Public
heavily trafficked streets.
Notary
Driveways shall be allowed no
closer than twelve feet (12') from
RACHEL SHALLA
the location of a clustered
�Pa'� Commission Numbe 7$1715
mailbox as measured along the
curb line of the fronting street.
i ,..• 'r My Commission Exp fres
Mailboxes must be located in a
12!0612016
manner that will not violate the
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city's intersection visibility
standards. Locations and design
must be approved by the City
and the United States postal
service. Depending on the size
and location of the clustered
mailbox, the City may require a
vehicular pull over lane built to
city specifications.
C. Mailbox clusters shall be located
on a concrete pad built to city
specifications. To provide for
pedestrian access, a five foot
(51) wide concrete sidewalk shall
be provided from the mailbox
cluster to the adjacent public
street and sidewalk. An
accessible route shall be
provided according to ADA
standards for accessible design.
In situations where there are a
large number of mailboxes, the
cluster site should be designed
and located as an attractive and
integrated component of the
neighborhood (e.g. covering or
shade structure, landscaping,
setbacks, parking or vehicle
access) in order to ensure that it
does not detract from properties
immediately adjacent to it. The
cost of installation, including,
but not limited to, box units and
concrete pad and sidewalk
access shall be borne by the
developer, and subsequent
maintenance shall be the
responsibility of the homeowners
association and/or the United
States Postal Service.
SECTION II. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 4th day
of March, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC -6000032746 March 13, 2014
! In R.
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4573, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on March 13, 2014.
Dated at Iowa City, Iowa, this 15th day of April 2014.
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, ,, �� -,
J K. Voparil
Deputy City Clerk
(S�� , \, -k 1Z �-k �,-, (N )
OFFICIAL PUBLICATION
If the owner is not a resident of
ORDINANCE NO. 14-4573
Iowa, certified criminal history of
'ORDINANCE AMENDING TITLE
that state and certified driver's
Printer's Fee $
5, ENTITLED "BUSINESS AND
LICENSE REGULATIONS,"
record of that state.
4. Title 5, entitled "Business and
CHAPTER 1, ENTITLED
License Regulations," Chapter 2,
CERTIFICATE OF PUBLICATION
"GENERAL LICENSING
PROVISIONS," AND CHAPTER 2,
entitled "Taxicabs," Section 2, enti-
fled "Taxicab Business License;
ENTITLED "TAXICABS,"AND
Vehicle Decals," Subsection B5 is
TITLE 9, ENTITLED "MOTOR
amended by deleting it in its entirety
STATE OF IOWA,
VEHICLES AND TRAFFIC,"
and substituting the following new
CHAPTER 4, ENTITLED
subsection in lieu thereof:
"PARKING REGULATIONS," TO
Except for pedicabs and horse-
COUNTY, SS:
REQUIRE DRIVERS TO
drawn vehicles, maintain manifest
J OHNSON
MAINTAIN MANIFEST LOGS, TO
logs for all drivers for 60 days and
REQUIRE SOME UNIFORMITY
provide manifest logs to the city
THE IOWA CITY PRESS -CITIZEN
OF RATE CARDS, TO REQUIRE
upon request.
"Business
NOTIFICATION WHEN A
LICENSE PLATE NUMBER IS
5. Title 5, entitled and
License Regulations," Chapter 2,
FED.ID#42-0330670
CHANGED, TO ELIMINATE TAXI
entitled "Taxicabs," Section 2, enti-
"Taxicab Business License;
STANDS, TO ALLOW TAXIS TO
tled
BE PARKED ON RESIDENTIAL
Vehicle Decals," Subsection C1 is
�1 y
STREETS, AND TO AUTHORIZE
THE CITY TO SUSPEND A
amended by deleting it in its entirety
and substituting the following new
LICENSE.
Subsection C1 in lieu thereof:
WHEREAS, currently companies
Issuance Or Denial Of Business
being duly sworn, say that I am
are required to maintain manifest
License: If the city clerk finds that
has fully
logs, but drivers are not similarly
the applicant complied
legal clerk of the IOWA CITY
required to do so;
with the requirements of this chap -
the
WHEREAS, currently rate cards are
ter, the applicant has no outstand-
PRESS-CITIZEN, a newspaper
filed with the clerk and posted in the
ing judgments arising from munici-
vehicle, but there is no uniformity
pal infraction citations, and the
in said county, and
among them;
police chief or chief's designee has
published
WHEREAS, currently there is no
determined that there is no informa-
that a notice, a printed copy of
requirement to notify the City when
tion which would indicate that the
a license plate number is changed
issuance of the license would be
which is hereto attached, W 9
for a vehicle that has been issued a
detrimental to the safety, health or
decal;
welfare of residents of the city, the
published in said paper
WHEREAS, currently there are no
city clerk shall issue a license to
business.
taxi stands, and there has been only
conduct a taxicab
time(s), on the following date(s):
one in recent years;
6. Title 5, entitled "Business and
2,
WHEREAS, currently taxis, unlike
License Regulations," Chapter
other commercial vehicles, cannot
entitled "Taxicabs," Section 2, enti-
be parked on residential streets;
fled "Taxicab Business License;
WHEREAS, currently the hearing
Vehicle Decals," Subsection C is
officer is authorized to revoke a
amended by adding the following
license of a company and the
new Subsection C3:
authorization of a driver, but not to
The license cannot be sold,
issue temporary suspensions;
assigned, or transferred to another
WHEREAS, currently there is a
taxicab business.
provision that decals cannot be
7. Title 5, entitled "Business and
LegalClerk
g
transferred but there is no similar
License Regulations," Chapter 2,
provision regarding licenses; and
entitled "Taxicabs," Section 2, enti-
Subscribed and sworn to
WHEREAS, it is in the public inter-
est to adopt these amendments.
tled "Taxicab Business License;
Vehicle Decals," Subsection D3 is
bef me this.–L— day o
NOW, THEREFORE, BE IT
amended by deleting Paragraph d
the
re
20
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CITY, IOWA:
in its entirety and substituting
following new paragraph in lieu
SECTION I. AMENDMENTS.
thereof
1. Title 5, entitled "Business and
The applicant shall return the decal
ZA.D.
y
License Regulations," Chapter 1,
and remove the bubble light and
(-
entitled "Business and License
lettering within 2 business days of
Regulations," Section 5, entitled
when the vehicle is no longer oper-
"Revocation of License or
ating as a taxicab. Failure to comply
Notary Public
Authorization," is amended by add-
with this provision is grounds to
$HALLA
ing the following sentence at the
end of the section:
revoke the taxicab business license.
Il,�L
lop11ttnISS1f'n Ntmlber 78IT15
Upon hearing, the city manager or
designee may uphold the revoca-
S. Title 5, entitled "Business and
License Regulations," Chapter 2,
. My Commb E w
tion, may reverse the revocation, or
entitled "Taxicabs," Section 2, enti-
tled "Taxicab Business License;
12p MIG
may suspend the license or authori-
zation.
Vehicle Decals," Subsection D3 is
2. Title 5, entitled "Business and
amended by adding the following
License Regulations," Chapter 2,
"Taxicabs,"
new Paragraph e:
If, after the issuance of a decal, the
r
entitled Section 1, enti-
tled "Definitions," is amended by
license plate for the vehicle is
adding a new definition for "Entry
changed, the applicant shall inform
Fee" and by deleting the definition
the City Clerk in writing of the new
of "Rate Card" and substituting a
license plate number and have the
new definition in lieu thereof:
City Equipment Supervisor or des -
Entry Fee: The fee charged when
ignee verify that the VIN, license
plate number, and decal match. No
the taximeter is turned on regard-
less of the distance traveled.
driver shall operate a taxicab until
Rate Card: A card containing the
the City Equipment Supervisor or
maximum fare rates and complaint
designee has verified that the VIN
procedure. A rate card must include
and decal match the new license
the information shown on the city
plate number. No taxicab business
clerk's rate card template, and it
shall allow a taxicab to be operated
must be filed with the city clerk.
until the City Equipment Supervisor
3. Title 5, entitled "Business and
or designee has verified that the VIN
License Regulations," Chapter 2,
and decal match the new license
entitled "Taxicabs," Section 2, enti-
plate number.
tled "Taxicab Business License;
Vehicle Decals," Subsection A3 is
amended by adding the following
sentence to the end of the subsec-
tion:
9. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 3, enti-
tled "Liability Insurance
Requirements," is amended by
deleting Subsection A5 in its entire-
ty and substituting in the following
new subsection in lieu thereof:
The cancellation or other termina-
tion of any insurance coverage for
any single vehicle shall require the
decal to be returned to the city clerk
and a re -inspection of that vehicle
will be required prior to the issuance
of another decal and use of the
vehicle as a taxicab. The city clerk
shall immediately issue written noti-
fication of the vehicle cancellation
to the taxicab business if the taxi-
cab business does not return the
decal within 2 business days.
10. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 4, enti-
tled "Vehicle Inspection Required,"
Subsection B is amended by delet-
ing the last two sentences and
inserting in lieu thereof the following
sentence:
After re -inspection and determina-
tion that the vehicle meets the stan-
dards of mechanical fitness, a new
decal will be issued and charged as
established by council resolution.
11. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 5, enti-
tled "State Chauffeur's License
Required," is amended by deleting
it in its entirety and substituting the
following new section in lieu thereof:
No person shall operate a motor-
ized taxicab, including a pedicab
that is assisted or supplemented
with a motor, on the streets of the
city, no person who owns or con-
trols a motorized taxicab shall per-
mit it to be so driven, and no motor-
ized taxicab licensed by the city
shall be so driven for hire unless the
driver of such motorized vehicle
shall have first obtained and shall
have then in force a chauffeur's
license issued under the provisions
of the code of Iowa, as amended.
12. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 6, enti-
tled "Driver Requirements," is
amended by adding the following
new Subsection E:
Each driver shall maintain manifest
logs for 60 days and provide the
manifest logs to the City upon
request. Each driver shall keep in
the taxicab the manifest logs for the
current shift.
13. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 7, enti-
tled "Rates; Hours; Complaints,"
Subsection Al is amended by
deleting the last sentence.
14. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 9, enti-
tled "Vehicle Stand," is amended by
deleting it in its entirety.
15. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 10,
entitled "Terms of Decals and
Authorization; Renewals," is
amended by deleting the last sen-
tence in Subsections A and C in
their entirety.
Kt lS v `a
16. Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs," Section 13,
entitled "Revocation of Licenses
and Permits," is amended by delet-
ing it in its entirety and substituting
the following in lieu thereof:
Licenses and authorizations issued
under this chapter may be revoked
or suspended as provided in sec-
tion 5-1-5 of this title.
17. Title 9, entitled "Motor Vehicles
and Traffic," Chapter 4, entitled
"Parking Regulations," Section 10,
entitled "Parking for Loading and
Unloading," Subsection D, "entitled
Public Carrier Stops and Stands," is
amended by deleting Paragraph 2b
in its entirety and substituting the
following in lieu thereof:
Taxicabs: The driver of a taxicab
may temporarily stop in accordance
with other stopping or parking regu-
lations at any place while actually
engaged in the expeditious loading
or unloading of passengers.
SECTION Il. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall become effec-
tive May 31, 2014.
Passed and approved this 4th day
of March, 2014..
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pc -6000032747 March 13, 2014
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• ®
Al��11
CITY OF IOWA CITY
410 East Washington Strcct
Iowa City, Iowa S2240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4574, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on March 13, 2014.
Dated at Iowa City, Iowa, this 15th day of April 2014.
Julie --K. Voparil
Deputy City Clerk
SECTION III. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 4th day
of March, 2014
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC -6000032708 March 13, 2014
OFFICIAL PUBLICATION
Printer's Fee �P`�1 l
ORDINANCE NO: 14-4574
CONSIDER AN ORDINANCE
CERTIFICATE OF PUBLICATION
AMENDING TITLE 1,
"ADMINISTRATION", CHAPTER
8, "ADMINISTRATIVE SERVICE
STATE OF IOWA,
DEPARTMENTS", SECTION 1-8-
1, "ADMINISTRATIVE SERVICE
DEPARTMENTS ORGANIZED"
TO UPDATE THE TITLES OF
JOHNSON COUNTY, SS:
DEPARTMENTS AND THE
HEADS THEREOF AND TO
EXTEND THE POWERS AND
DUTIES OF THE FORMER
THE IOWA CITY PRESS-CITIZEN
POSITIONS TO THE REVISED
POSITIONS
FED.ID#42-0330670
WHEREAS, restructuring within
the City
}1F_
organization to merge the
Planning and Community
Development and Housing and
If
Inspections Services Department
into a single Neighborhood and
Development Services Department
being duly sworn , say that I am
will result in name changes to
departments their department
the legal clerk of the IOWA CITY
and
he d; andWHEREAS, during
PRESS-CITIZEN, a newspaper
the City
Council's budget work session, the
in said county, and
merger of the two departments
was identified as enhancing prog-
published
copy of
ress toward the City Council's stra-
tegic plan goals; and
that a notice, a printed
WHEREAS, the City Manager rec-
which is hereto attached, was
ommends this ordinance amend-
ment to accurately reflect the
in said paper 4—
names of departments and the
published
titles of said department heads
time(s), on the following date(s):
within the City and to extend the
and duties
d
powers of the former
positions to the revised positions.
\ l
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
r
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
Legal Clerk
lows:
A. Title I, "Administration", Chapter
8, "Administrative Service
Subscribed and sworn to
Departments", Section 1-8-1,
"Administrative Service
this day of
Departments Organized", shall be
amended by striking "Department
be�'A7re m ,�-�-• f
A•D. 20D.-
of planning and community devng
/y /J
opment" and "Director of planning
and community development' ,
striking "Department of housing
and inspection services" and
"Director of housing and inspection
services", and replacing with
Notary Public
"Department of neighborhood and
development services" and
RACHEL SHALLA
"Director of neighborhood and
development services";
Commission Number 781715
B. Title I, "Administration", Chapter
"Administrative
°z ', My Commission Expires
8, Service
Departments",
• "•T12/06/2016
Section 1-8-1,
"Administrative
p,NP
Service
Departments Organized", shall be
further amended by adding the fol-
lowing provision at the end Section
1-8-1: After March 4, 2014, any
references to "Director of housing
and inspection services" or
"Director of planning and commu-
nity development" shall mean the
"Director of neighborhood and
development services", with the
latter having all the powers and
duties granted to the former under
the provisions of this code.
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 4th day
of March, 2014
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC -6000032708 March 13, 2014
� r
�t �III"
�► +e ®I��
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4575, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on April 3, 2014.
Dated at Iowa City, Iowa, this 22nd day of May 2014.
Julie --k. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
be r m this _L0_ day of
20.
Notary Public
�00AI RACHEL SHALLA
Commission Number 781715
My Commission Expires
Z aw* 129WM16
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4575
ORDINANCE REZONING
APPROXIMATELY 1.45 ACRES
LOCATED AT THE SOUTHWEST
CORNER OF CLINTON STREET
AND BURLINGTON STREET
FROM CENTRAL BUSINESS
SUPPORT (CB -5) TO
INSTITUTIONAL PUBLIC (P-2).
(REZ43-00926)
1VHEREAS, the Qty f Iowa City,
!all behalf of ti%'400daht, The
iIiyersity of IGt ruested a
rezoning of property located at the
southwest corner of Clinton Street
and Burlington Street from Central
Business Support (CB -5) to
Institutional Public (P-2); and
WHEREAS, the University of Iowa
School of Music will be construct-
ed on the property; and
WHEREAS, the Comprehensive
Plan indicates that the property is
appropriate for the location of the
music school; and
WHEREAS, the University of
Iowa -owned parcel,will be in com-
pliance with Section 14-2F of the
Zoning Ordinance; _
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL, Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of Central Business Support
(CB -5) to Institutional Public (P-2):
LEGAL DESCRIPTION
Beginning at the NE Corner of
Block 101; thence West 195 feet;
thence South 130 feet; thence East
25 feet; thence North 10 feet;
thence East 170 feet; thence North
120 feet to the Point of Beginning;
all in the City of Iowa City, Johnson
County, Iowa. All of Lot 3; Lot 2
except the north 40 feet thereof;
and Lot 4 except the south 70 feet
thereof; all in Block 101 of the City
of Iowa City, Johnson County,
Iowa.
SECTION 11. ZONING MAP The
Building Inspector is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of this
ordinance by law.
SECTION III CERTIFICATION
AND RECORDING('. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION .SEVERABILITY If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or ,unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI EFFECTIVE DAL
This Ordinance shall be in effect
after its final passage, approval
and• publication, as provided by
law.
Passed and approved this 25th
day of March, 201
Mayor
Attest
Po 60WO 2 April 3, 2014
r
=s6a - 4%
CITY OF IOWA CITY
410 East Washington Strcct
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
%vww. icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4576, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on April 3, 2014.
Dated at Iowa City, Iowa, this 22nd day of May 2014.
K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
.STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED-ID#42-0330670
being duly sworn,say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, I
as
published in said paper
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
be a me this .�..— day �fJ
.D. 2ry_•
Notary Public
SPa1A<s RACHEL SHALLA
o a Commission Number 781715
?* My Commission Expires
owP 12/06/2016
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4576
ORDINANCE REZONING .54
ACRES OF PROPERTY FROM
NEIGHBORHOOD
STABILIZATION RESIDENTIAL
(RNS-20) ZONE TO
INSTITUTIONAL PUBLIC (P-2)
ZONE LOCATED AT 109 RIVER
STREET (REZ13-00027)
WHEREAS, the City of Iowa City,
on behalf of the applicant, The
University of Iowa, has requested a
rezoning of property located at 109
River Street from Neighborhood
Stabilization Residential (RNS-20)
to. Institutional Public (P-2); and
WHEREAS, the University of Iowa
Visual Arts Building will be
constructed on the property; and
'WHEREAS, the University of
Iowa -owned parcel will be in
compliance with Section 14-2F of
the Zoning Ordinance;
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval. NOW,
THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
y ECTION I APPROVAL. Property
described below is hereby
r. -classified from its current zoning
designation of Neighborhood
Stabilization Residential (RNS-20)
to Institutional Public (P-2):
LEGAL DESCRIPTION
Lots 19 and 20 and the easterly Y,
of the vacated alley abutting Lots
19 and 20, all in Block Nine (9) in
Manville Heights Addition, Iowa
City, Iowa, according to the plat
thereof recorded in Book 2, Page
4, Plat Records of Johnson County,
Iowa
RECTION II. ZONING MAP. The
Building Inspector is hereby
authorized and directed to change
the zoning map of the City of Iowa
City, Iowa, to conform to this
amendment upon the final
passage, approval and publication
of this ordinance by law.
SECTION III CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 25th
day of March, 2014.
MAYOR
ATTEST C J
CI CLERK
PC-6000033458 April 3, 2014
III
®i�4
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4577, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of
March, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on April 3, 2014.
Dated at Iowa City, Iowa, this 22nd day of May 2014.
Julie K. Voparil T
Deputy City Clerk
Printer's Fee li_.
a --
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-<0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal Clerk
Subscribed � and sworn to
E:ad!ay of_4'--
Notary Public
p1
A( RACHEL SHALLA
~P 1P Commission Number 781715
z My Commission Expires
,o P 12106/2016
OFFICIAL PUBLICATION
NOTICE
ORDINANCE NO. 14-4577
ORDINANCE REZONING
APPROXIMATELY 49.5 -ACRES
OF PROPERTY FROM OFFICE
RESEARCH PARK (ORP) ZONE
TO RESEARCH DEVELOPMENT
PARK (RDP) ZONE LOCATED AT
2510 N. DODGE STREET
(REZ14-00001)
WHEREAS, the applicant, NCS
Pearson, has requested a rezoning
of property located at 2510 N.
Dodge Street from Office Research
Park (ORP) to Research
Development Park (RDP); and
WHEREAS, the Comprehensive
Plan indicates that property is
appropriate for either ORP or RDP
zoning; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL, Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of ORP.to RDP:
W 1/2 of the SW 1/4 of Section
36-80-6, except that part thereof
condemned by Iowa State
Highway Commission and further
excepting therefrom those par-
cels conveyed to the City of Iowa
City, Iowa pursuant to Deeds
recorded in Book 1075, Pages
406 and 408 of the Johnson
County, Iowa, Recorder's Office.
SECTION II. ZONING MAP. The
Building Inspector is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final . passage,
approval and publication of this
ordinance by law.
SECTION Il, CERTIFICATION AND
RECORDING. Upon passage and
approval of the Ordinance, the City
Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa at, the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
of any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VI,
EFFECTIVE DATE;
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 25th day
of March, 2014.
Mayor
Attest: 7
ity Clerk
Pc -6000033457 April 3, 2014
� r
:m let,
%
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4578, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of April,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 10, 2014.
Dated at Iowa City, Iowa, this 22nd day of May 2014.
Voparil
Deputy City Clerk
Printer's Fee $_fJA:_
CERTIFICATE OF PUBLICATION
,STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, as
published in said paper
time(s), on the following date(s):
Legal Clerk
Subscrib nd sworn to
be e mle this day f
Notary Public
kvauts RACHEL SHALLA
o Commission Number 781715
My Commission Expires
/Qwl' 12/06/2016
OFFICIAL PUBLICATION
types of alcohol or alcoholic
beverages that can be sold
ORDINANCE NO. 14-4578
is considered an enlarge -
AN ORDINANCE AMENDING
ment/expansion of the use.
TITLE 14: ZONING CODE
For Group Living Uses, any
CHANGING THE DEFINITION
alteration that allows an
OF "ENLARGEMENT/
increase in the number of
EXPANSION' SO THAT, FOR
residents is considered an
A NONCONFORMING
enlargement/expansion of
DRINKING ESTABLISHMENT,
the use. For nonconforming
AN ALTERATION OR
drinking establishments,
ADDITION TO A
neither sidewalk cafes nor
COMMERCIAL KITCHEN
any alteration or addition to
THAT DOES NOT RESULT IN
a commercial kitchen that
AN INCREASE IN THE
does not result in an
ALLOWABLE OCCUPANCY
increase in the allowable
LOAD WILL NOT BE
occupancy load shall be
CONSIDERED AN
considered an enlargement/
ENLARGEMENT/
expansion of the use.
EXPANSION OF THE USE.
SECTION ll. REPEALER. All
WHEREAS, the City has
ordinances and parts of ordi-
established a separation
nances in conflict with the pro -
requirement between drinking
visions of this Ordinance are
establishments in certain areas
hereby repealed.
of the city for the purpose of
SECTION III. SEVERABILITY.
decreasing the overconcentra-
If any section, provision or part
tion of drinking establishments
of the Ordinance shall be
and preventing new concen-
adjudged to be invalid or
trations from occurring; and
unconstitutional, such adjudi-
WHEREAS, existing drinking
cation shall not affect the
establishments that are not in
validity of the Ordinance as a
compliance with the required
whole or any section, provision
separation distance from other
or part thereof not adjudged
drinking establishments are
invalid or unconstitutional.
considered nonconforming
SECTION IV. EFFECTIVE
uses; and '
DATE. This Ordinance shall be
WHEREAS, nonconforming
in effect after its final passage,
uses are not allowed to be
approval and publication.
expanded or enlarged; and
Passed and approved this 1 st
WHEREAS, an enlargement
day of April, 2014.
of a commercial kitchen in. a
nonconforming drinking estab-
lishment where there is no
MAYOR
increase in the allowable occu-
pancy of the drinking estab-
ATTEST: �
lishment moves the noncon-
CITY CLERK
forming use closer to a con-
forming use by increasing the
capacity to serve food and
may decrease the number of
nonconforming uses overtime;
April 10, 2014
WHEREAS, it is in the public
ao_6aowa9
interest to allow such expan-
sions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa
City, Iowa is hereby amended
as follows:
A. Deleting the definition of
"Enlargement/Expansion" in
Article 14-9A, and substituting
in lieu thereof:
ENLARGEMENT/
EXPANSION: An increase in
the volume of a building, an
increase in the area of land
or building occupied by a
use, an increase in the num-
ber of bedrooms within a
dwelling unit or an increase
in the number of dwelling
units. For non-residential
buildings an increase in the
occupancy load of a build-
ing is considered an enlarge-
ment/expansion. For
Alcohol Sales -Oriented
Retail Uses, any change in
the type of liquor license
that would increase the
W-W..®�r
CITY OF IOWA CITY
410 East Washington Strcet
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4579, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of April,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 4, 2014.
Dated at Iowa City, Iowa, this 22nd day of May 2014. \\
v
Julie-KVoparil
Deputy City Clerk
(I � rr t"\
Printer's Fee $_`I :Z2L_ )
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper (
time(s), on the following date(s):
Legal Clerk
Subscribffed and sworn to
bef a me this _L.__.-- day f
A.D. 0,..•
Notary Public
�k RACHEL SNALLA
Commission Number 781715
+eve My Commission Expires
12==16
OFFICIAL PUBLICATION
SECTION I. AMENDMENTS.
ORDINANCE NO. 14-4579
TITLE 4, ALCOHOLIC BEVERAGES,
ORDINANCE AMENDING TITLE
CHAPTER 5, PROHIBITIONS AND
4, ALCOHOLIC BEVERAGES,
RESTRICTIONS, SECTION 8,
CHAPTER 5, PROHIBITIONS
PERSONS UNDER THE LEGAL
AND RESTRICTIONS, SECTION
AGE IN LICENSED OR PERMITTED
8, PERSONS UNDER THE LEGAL
ESTABLISHMENTS, SUBSECTION
AGE IN LICENSED OR
B, PARAGRAPH (3)(a) is hereby
PERMITTED ESTABLISHMENTS,
amended by adding the following
SUBSECTION B, TO CLARIFY
language at the end of the subpara-
THE REQUIREMENTS FOR
graph:
Furthermore, no certificate will be
ISSUANCE OF ALL EXCEPTION
issued to the establishment if any of
CERTIFICATES; AND TITLE 4,
the following is true:
ALCOHOLIC BEVERAGES,
(1) Where a preponderance of the
CHAPTER I, DEFINITIONS,
SECTION 1, DEFINITIONS OF
evidence shows that the licensee,
WORDS AND TERMS TO
permittee, or any employees or
CLARIFY THE DEFINITION OF A
agents thereof, sold, gave, or deliv-
"PERFORMER" UNDER THE
ered alcohol to any patron under
ORDINANCE.
the legal drinking age more than
WHEREAS, under the current ordi-
once within the last five (5) years; or
nance, entertainment venues and
(2) Where continued operation
those holding exceptipn certificates
under the exception certificate
which sell, give, or deliver alcohol to
would be detrimental to the safety,
any patron under the legal drinking
health, and welfare of the residents
age more than once within any five
of the city.
year period are subject to revoca-
TITLE 4, ALCOHOLIC BEVERAGES,
tion of their entertainment venue
CHAPTER 5, PROHIBITIONS AND
status; and
RESTRICTIONS, SECTION 8,
WHEREAS, under the current ordi-
PERSONS UNDER THE LEGAL
nance, entertainment venues and
AGE IN LICENSED OR PERMITTED
those holding exception certificates
ESTABLISHMENTS, SUBSECTION
whose continued operation as such
B, PARAGRAPH (7)(a) is hereby
would be detrimental to the safety,
amended by deleting the"." at the
health, and welfare of the residents
end of subparagraph (13), and sub -
of the City are subject to revocation
stituting'; and"; as well as adding
of their status; and
the following subparagraphs:
WHEREAS, while either of these
(14) The venue's licensee, permit -
two delineated- circumstances may
tee, or any employees or agents
lead to the revocation of entertain-
thereof, has not sold, given, or
ment venue or exception certificate
delivered alcohol to any patron
status, neither is explicitly listed so
under the legal drinking age more
as to prohibit the issuance of new
than once within the last five (5)
certificates; and
years; and
WHEREAS, it is, and always has
(15) Granting the venue entertain -
been, Council's intent that these
ment venue status would not be
requirements apply not only to cur-
detrimental to the safety, health,
rent entertainment venues and
and welfare of the residents of the
exception certificate holders, but
city.
new ones as well; and
These requirements apply to all
WHEREAS, Council wishes to limit
pending and future applications for
the denial or revocation of these
entertainment venue exception cer-
certificates related to delivery of
tificates.
alcohol to minors to the most recent
TITLE 4, ALCOHOLIC BEVERAGES,
five years at the time of application,
CHAPTER 5, PROHIBITIONS AND
instead of any five year period in the
RESTRICTIONS, SECTION 8,
history of the establishment; and
PERSONS UNDER THE LEGAL
WHEREAS, Council made clear in
AGE IN LICENSED OR PERMITTED
its definition of "Performer" that
ESTABLISHMENTS, SUBSECTION
disk jockeys (DJs) would not be
B, PARAGRAPH (7)(d) is hereby
considered "Performers", confusion
amended by deleting subparagraph
has arisen over what constitutes a
(d)(1) in its entirety, and substituting
DJ; and
the following:
WHEREAS, Council wishes to clari-
(1) Where a preponderance of the
fy, by defining a DJ as anyone
evidence shows that the licensee,
advertised or marketed as a DJ, or
permittee, or any employees or
playing pre-recorded music outside
agents thereof, sold, gave, or deliv-
performances of theater; and
ered alcohol to any patron under
WHEREAS, Council wishes for
the legal drinking age more than
these amendments to apply to all
once within the last five (5) years; or
pending and future applications
TITLE 4, ALCOHOLIC BEVERAGES,
and all present and proposed enter-
CHAPTER 1, DEFINITIONS,
tainment venues and exception
SECTION 1, DEFINITIONS OF
certificate holders; and
WORDS AND TERMS is hereby
WHEREAS, it is in the best interest
amended by deleting the last
of the City to adopt this amend-
unnumbered paragraph under the
ment.
definition of "PERFORMER'; and
NOW, THEREFORE, BE' IT
substituting the following language:
ORDAINED BY THE CITY COUNCIL
For purposes of this title, disk jock -
OF THE CITY OF IOWA CITY,
eys (DJs) are not considered per -
IOWA:
formers: Anyone marketed or
---
advertised as a DJ shall be consid-
ered a DJ. Also, anyone playing
pre-recorded music outside perfor-
mances of theater shall be consid-
ered a DJ.
SECTION 11. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not -affect the
validity oAthe Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be effective
upon publication.
Passed and approved this 1st day
of April, 2014
MAYOR
ATTEST. 1C.
CITY CLERK
April 4, 2014
� r
� .P
mOtt
A$ affig
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
v-vww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4580, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 15, 2014.
Dated at Iowa City, Iowa, this 9th day of June 2014.
Ju I Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, s that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper __J,__
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
b ' re me this _t�___. day of
A.D. 20�.
fzv
Notary Public
a At RACHEL SHALLA
oPs> Commission Number 781715
My Commission Expires
owP 12(0612016
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4580
AN ORDINANCE
CONDITIONALLY REZONING 8.7
ACRES OF PROPERTY FROM.
NEIGHBORHOOD COMMERCIAL
(CN -1) ZONE TO COMMUNITY
COMMERCIAL (CC -2) ZONE
LOCATED WEST OF MORMON
TREK BOULEVARD, NORTH OF
WESTWINDS DRIVE. (REZ12-
00001)
WHEREAS, the applicant,
Southgate Development Services,
L.L.C., has requested a rezoning of
property located west of Mormon
Trek Boulevard and north of
Westwinds Drive from
Neighborhood Commercial (CN -1)
to Community Commercial (CC -2);
and
WHEREAS, the Comprehensive
Plan -Southwest District Plan indi-
cates that the subject property is
appropriate for community com-
mercial use; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval with con-
ditions limiting outdoor storage,
freestanding signs, and drinking
establishments in order to ensure
that the commercial area remains
compatible with the surrounding
established residential neighbor-
hood; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of
Iowa City may impose reasonable
conditions on granting an appli-
cant's rezoning request, over and
above existing regulations, in order
to satisfy public needs caused by
the requested change; and
WHEREAS, the owners and appli-
cant have agreed that the condi-
tions of the Conditional Zoning
Agreement attached hereto to
ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
herein, property described below is
hereby reclassified from its current
zoning designation of
Neighborhood Commercial (CN -1)
to Community Commercial (CC -2):
SECTION II, ZONING MAP. The
building official is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of the
ordinance as approved by law.
ZONING AGREEMENT. The mayor
is hereby authorized and directed
to sign, and the City Clerk attest,
the Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV, CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage, approval and publication
of this ordinance, as provided by
law.
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VII EFFECTIVE DAT
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 6th day
of May, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT,
THIS AGREEMENT is made
among the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City"), Walden Square
Investments, LC; University of Iowa
Community Credit Union; and
Fareway Stores, Inc., (hereinafter
collectively referred to as
"Owners").
WHEREAS, Owners are the legal
title holders of approximately 8.70
acres of property located west of
Mormon Trek Boulevard and north
of Westwinds Drive; and
WHEREAS, the Southgate
Development Services, L.L.C.,
requested the rezoning of said
property from Neighborhood
Commercial (CN -1) to Community
Commercial (CC -2); and
WHEREAS, the Planning and
Zoning Commission has deter-
mined that, with appropriate condi-
tions regarding outdoor storage,
freestanding signs, and drinking
establishments, the requested zon-
ing is consistent with the
Comprehensive Plan and compati-
ble with the surrounding estab-
lished residential neighborhood;
and
WHEREAS, the conditions con-
trolling building design, outdoor
storage, freestanding signs, and
drinking establishments, are
intended to minimize externalities
that may conflict with adjacent
residential uses and to ensure the
shopping center continues to serve
the neighborhood and function as
an asset to the surrounding resi-
dential uses: and
• The occupancy load for any
new drinking establishment
will not exceed one hundred
WHEREAS, Iowa Code §414.5
(100) unless a special excep-
tion is approved allowing an
(2013) provides that the City of
increase t a maximum of one
Iowa City may impose reasonable
t
conditions on granting an appli-
cant's rezoning request, over and
4. The Owners and City acknowl-
above existing regulations, in order
edge that the conditions Ion-
to satisfy public needs caused by
tained herein are reasonable
the requested change; and
conditions to impose on the
WHEREAS, the Owners acknowl-
land under Iowa Code §414.5
,and that said conditions
edge that certain conditions and
satisfy public needs that are
satisfy
restrictions are reasonable to
caused by the requested zoning
ensure the development of the
e
change.
property is consistent with the
Comprehensive Plan and the need
5. The Owners and City acknowl-
for compatibility with the surround-
edge that in the event the sub-
ing residential neighborhood; and
ject property is transferred, sold,
WHEREAS, the Owners agree to
redeveloped, or subdivided, all
redevelopment will conform with
develop this property in acco
the terms of this Conditional
dance with the terms and condi-
Zoning Agreement.
tions of a Conditional Zoning
Agreement.
6. The parties acknowledge that
NOW, THEREFORE, in consider-
this Conditional Zoning
Agreement shall be deemed to
ation of the mutual promises con-
a covenant running with the
tained herein, the parties agree as
la
land and with title to the land,
follows:
and shall remain in full force and
1. Walden Square Investments LC
effect as a covenant with title to
the land, unless or until released
is the legal title holder of the
record by the City of Iowa
property legally described as
City.
Ci
Lot 5, Walden Square Part Tow
The parties further acknowledge
as recorded in Plat Book 33,
that this agreement shall inure to
Page 226.
9
the benefit of and bind all suc-
University of Iowa Community
Credit Union is the legal title
cessors, representatives, and
holder of the property legally
assigns of the parties.
described Walden Square Part
7. The Owners acknowledge that
Two as recorded in Plat Book
nothing in this Conditional
33, Page 226.
Fareway Stores Inc. is the legal
Zoning Agreement shall be con-
strued to relieve the Owners or
title holder of property legally
Applicant from complying with
described as Lot 4 Walden
all other applicable local, state,
Square Part Two as recorded in
and federal regulations.
Plat Book 33, Page 226
2. The Owners acknowledge that
8. The parties agree that this
Conditional Zoning Agreement
the City wishes to ensure con-
shall be incorporated by refer-
formance to the principles of the
once into the ordinance rezoning
Comprehensive Plan and the
the subject property, and that
Southwest district plan. Further,
upon adoption and publication
the parties acknowledge that
of the ordinance, this agreement
Iowa Code §414.5 (2013) pro-
shall be recorded in the Johnson
vides that the City of Iowa City
County Recorder's Office at the
may impose reasonable condi-
expense Walden Square
tions on granting an applicant's
Investmentss,, LC.
rezoning request, over and
above the existing regulations,
Dated this 6th day of May, 2014
in order to satisfy public needs
caused by the requested
City of Iowa City
change.
3. In consideration of the City's
rezoning the subject property,
Matthew J. Hayek, Mayor
Owners and Applicant agree
that development of the subject
-y
f nw,.e.)7v. eat4,)
property will conform to all other
requirements of the zoning
Attest: Marian K. Karr, City Clerk
chapter, as well as the following
conditions:
Welden Square Investments LC
By: Southgate Development
• Future development or rede-
Services L.L.C.
velopment must adhere to the
CN-1 standards for Outdoor
Storage and Display and
— -
Building Design (Iowa City
Jo h T Braverman, resident
Code of Ordinances Sections
14-2C-7K through 0, as
amended);��..;�.a
• Any outdoor display shall be
Fareway Stores, Inc.
limited to 1,000 square foot;
• Development of the property
��ll
shall be limited to the one
existing freestanding sign;
University of Iowa Community
Credit Union
PC-s 035124 May 15, 2014
A q, 'P
!Mwk%-.
-•'t..s._
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
%vww. icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4581, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 15, 2014.
Dated at Iowa City, Iowa, this 9th day of June 2014.
Julie K\Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
I, C, i f
being duly sworn, say at I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _1____
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
bef a me this �_ day of
A . 20�..
Notary Public
.PgiA4 S RACHEL SHALLA
o D Commission Number 781715
T My Commission Expires
owP 12/06/2016
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4581
ORDINANCE AMENDING TITLE
9, ENTITLED "MOTOR
VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES
OF THE ROAD," SECTION 6,
ENTITLED "SPEED
RESTRICTIONS", SUBSECTION
B, ENTITLED "EXCEPTIONS"
WHEREAS, City Code Section 9-3-
6(B) currently defines speed limits
for Lower West Branch Road; and
WHEREAS, it is in the best interest
of the City to define maximum
allowable speeds for all vehicles on
public streets and highways; and
WHEREAS, Lower West Branch
Road east of Hummingbird Lane
has limited access points, little
turning traffic, design speed that
would support a 35 mph speed
limit, and daily traffic count of less
than 1,000 vehicles per day; and
WHEREAS, a traffic study was
completed which indicates the
85th percentile speeds (considered
to be that of a safe and reasonable
motorist) on this section of Lower
West Branch Road is over 35 mph;
and
WHEREAS, the Public Works,
Police, Fire and Planning depart-
ments concur that the Lower West
Branch Road speed limit can be
safely increased from 25 mph to,35
mph from a point east of
Hummingbird Lane to the eastern
city limits as defined below; and
WHEREAS, this section of Lower
West Branch Road is partially
located outside of the corporate
limits, therefore the Board of
Supervisors is also considering
approval of this speed limit change;
and
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles
and Traffic," Chapter 3, entitled
"Rules of the Road," Section 6,
entitled "Speed Restrictions," Sub -
Section B, entitled "Exceptions" is
hereby amended by adding the
following language:
Name of Street
Lower West Branch
Where Limit Applies
From a point 260 feet east of the
Hummingbird Lane to 150 feet
west of Brentwood Drive, and from
a point 200 feet east of Broadmoor
Lane to the centerline of Taft
Avenue
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE,
This Ordinance shall be effective
upon publication.
Passed and approved this 6th day
of May, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC-aoo 5125 May 15, 2014
' r 1
CITY OF IOWA CITY
410 East Washington Strcet
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4582, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 15, 2014.
Dated at Iowa City, Iowa, this 9th day of June 2014.
Ju I . Voparil
Deputy City Clerk
Printer's Fee $i
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
f
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
befotejme this jS _ day of
t2zA. .201V—
a:
201_.
Notary Public
RACHEL SHALLA
~P s Commission Number 781715
z� r My Commission Expires
,c P 1210612016
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4582
ORDINANCE AMENDING TITLE
17, ENTITLED "BUILDING AND
HOUSING," CHAPTER 4,
ENTITLED "MECHANICAL
CODE," BY AMENDING THE
INTERNATIONAL MECHANICAL
CODE, 2009 EDITION, TO
REGULATE COMMERCIAL
KITCHEN HOOD TERMINATION
LOCATIONS.
WHEREAS, the noise levels from
commercial kitchen exhaust fans
may have a detrimental effect on
the quality of life in residential
neighborhoods and may hinder
efforts to preserve historic neigh-
borhoods;
WHEREAS, the Mechanical Code
currently allows commercial kitchen
exhaust to terminate on the side of
buildings provided there is enough
clearance to the property line;
WHEREAS, by restricting commer-
cial hood exhaust terminations to
roofs, except where an exhaust
could terminate at an exterior wall
that is adjacent to an alley would
mitigate the noise and aesthetic
impacts of commercial hood
exhaust systems by encouraging
building owners to build in hood
termination locations that would
allow for future restaurant tenants in
new buildings;
WHEREAS, the same restrictions
would apply to existing buildings
where a change in use requires the
installation of a commercial hood
and exhaust; and
WHEREAS, this ordinance furthers
the health, safety and welfare of the
City and is in the best interest of the
City to adopt this ordinance.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CITY, IOWA:
SECTION I AMENDMENTS.
Title 17, entitled "Building and
Housing," Chapter 4, entitled
"Mechanical Code," Section 3, enti-
tled "Amendments to Code," is
amended by deleting the current
amendment to Section 506.3.12.3
and by adding the following new
amendments to the 2009 edition of
the International Mechanical Code:
A. Section 506.3.12.2. Delete
Section 506.3.12.2 and insert in
lieu thereof the following:
506.3.12.2 Termination through
an exterior wall. Exhaust out-
lets shall be permitted to termi-
nate through exterior walls in
accordance with 506.3.12.3,
where the smoke, grease,
gases, vapors and odors in the
discharge from such termina-
tions do not create a public
nuisance or a fire hazard. Such
terminations shall not be locat-
ed where protected openings
are required by the International
Building Code. Other exterior
openings shall not be located
within 3 feet (914 mm) of such
terminations.
B. Section 506.3.12.3. Delete
Section 506.3.12.3 and insert in
lieu thereof the following:
506.3.12.3 Termination loca-
tion. Exhaust outlets for new
construction, Change of
Occupancy, or change of use,
shall terminate above roof level
and may not terminate at, nor
pass through, an exterior wall
except where exhaust outlets
terminate or encroach an alley
right of way per 3202.3.2 of the
International Building Code.
Exhaust outlets shall be locat-
ed not less than 10 feet (3048
mm) horizontally from parts of
the same or contiguous build-
ings, adjacent buildings and
adjacent property lines and
shall be located not less than
10 feet (3048 mm) above the
adjoining grade level. Exhaust
outlets shall be located not less
than 10 feet (3048 mm) hori-
zontally from or not less than 3
feet (914 mm) above air intake
openings into any building.
Where the exhaust outlet fronts
an alley, the measurement may
be taken from the centerline of
the alley. Exception: Exhaust
outlets shall terminate not less
than 5 feet (1524 mm) from
parts of the same or contigu-
ous building, an adjacent build-
ing, adjacent property line and
air intake openings into a build-
ing where air from the exhaust
outlet discharges away from
such locations.
C. Section 506.4.2. Delete Section
506.4.2 and insert in lieu there-
of the following: Section
506.4.2 Type II terminations.
Exhaust outlets serving Type II
hoods shall terminate in accor-
dance with the hood manufac-
turer's installation instructions
and shall comply with all of the
following:
1. Outlets for new construction,
Change of Occupancy, or
change of use, shall terminate
above roof level and may not
terminate at, nor pass through,
an exterior wall, except where
exhaust outlets terminate or
encroach an alley right of way
per 3202.3.2 of the International
Building Code.
2. Exhaust outlets shall termi-
nate not less than 3 feet (914
mm) in any direction from
openings into the building.
3. Outlets shall terminate not
less than 10 feet (3048 mm)
from property lines or buildings
on the same lot.
4. Outlets shall terminate not
less than 10 feet (3048 mm)
above grade.
5. Outlets that terminate above
a roof shall terminate not less
than 30 inches (762 mm) above
the roof surface.
6. Outlets shall terminate not
less than 30 inches (762 mm)
from exterior vertical walls
7. Outlets shall be protected
against local weather condi-
tions.
8. Outlets shall not be directed
onto walkways.
9. Outlets shall meet the provi-
sions for exterior wall opening
protectives in accordance with
the International Building Code.
SECTION II REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 6th day
of May 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC -6000035128 May 15, 2014
1 r i
#, .,I
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4583, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
May, 2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 29, 2014.
Dated at Iowa City, Iowa, this 9th day of June 2014.
Jul1 . Voparil
Deputy City Clerk
Printer's Fee SSs
CERTIFICATE OF puBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
a
being duly sworn, ay that I am
the legal clerk of the IOWA CITY
pRBSS-CITIZEN, a newspaper
published in aid county, and
that a notice, a printed copy of
which is hereto attached, w as
published in said paper _ -
time(s), on the following date(#):
4, 1�
Legal Clerk
Subscribed and sworn to
b fore me this .2- day �o�f/
.D. 20•
Notary Public
Pa,AZ RACHEL SHALLA
"V619,00
Commission Number 781715
* - ': My Commission Expires
,o, w 12/06/2016
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 14-4583
ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION
AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES," SECTION 5, ENTITLED
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR
CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of
Iowa City provides certain solid waste collection and disposal services;
and
WHEREAS, it is in the public Interest to Increase certain fees and charges
associated with said solid waste collection and disposal services, and to
clarify the language pertaining to those fees; and
WHEREAS, the Iowa City City Council proposes to increase residential
solid waste collection fees by $.40 per month or approximately 3.5% on
the first full billing sent after the adoption and publication of this ordinance,
to adequately finance operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. AMENDMENT. Title 3, entitled "City Finances, Taxation, and
Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of
the Iowa City Code is hereby amended by:
Removing the following section of the ordinance:
Residential solid waste col-
16-3A-4, 16 -3H -9H
lection
Per dwelling unit, and 2
$15.50
rooming units, per month:
$11.80
Solid Waste'
$11.40 per refuse
Per sticker for each addi-
cart per month; $1.25
tional bag beyond each
per sticker for addi-
unit's monthly allotment
tional bags
Curbside rec clin per unit
$4.10
and replacing it with the following section:
Residential solid waste col-
16-3A-4, 16 -3H -9H
lection fees:
Curbsite house refuse:
Per dwelling unit, per
$11.80
month'
Per sticker for each addi-
$1.25 each
tional bag beyond each
unit's monthly allotment
Additional refuse carts over
$11.80 each
one, per month
Per 2 rooming units, per
$15.90
month tin addition to the
dwelling unit fees
Curbside Recycling:
Per dwelling unit, per
$4.10
month
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1,
2014 after the adoption and publication of this ordinance.
Passed and approved this 20th day of May, 2014.
s/Matthew-J, Hayek, Mayor
Attest: #/Julie Voparil, Deputy City Clerk
Pc -9000035737 May 29, 2014
� r j
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 3S6-5000
(319) 356-5009 FAX
tvww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4584, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
May, 2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 29, 2014.
Dated at Iowa City, Iowa, this 9th day of June 2014.
J iVoparil
Depu y City Clerk
A. —["4a.
Printer's Fee s_ULL::_—
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#424330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(#):
1q
___
Legal Clerk
Subscribed and sworn to
before me this, day of
Notary Public
"'"4 s RACHEL SHALLA
06i-, Commission Number 781715
My Commission Expires
12/06/2016
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 14-4584
ORDINANCE AMENDING TITLE
3, ENTITLED "FINANCES,
TAXATION AND FEES,"
CHAPTER 4, ENTITLED
"SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND
PENALTIES" ARTICLE 3,
ENTITLED "POTABLE WATER
USE AND SERVICE," OF THE
CITY CODE TO INCREASE OR
CHANGE WATER SERVICE
CHARGES AND FEES.
WHEREAS, pursuant to Chapter
384, Code of Iowa (2013), the City
of Iowa City is authorized to estab-
lish and provide for the collection
of rates to pay for the City's utility
systems, including the City's water
supply and treatment system; and
WHEREAS, the City's financial
policies dictate that the Water fund
shall be self-supporting; and
WHEREAS, the City's current
water rate structure does not pro-
vide revenue to sufficiently fund the
necessary water main replace-
ments and water fund capital pro-
gram; and
WHEREAS, the Iowa City City
Council intends to provide a water
rate and fee structure that makes
the City's water utility self-sustain-
ing; and
WHEREAS, to that end, the Iowa
City City Council proposes to
increase water user charges by 5%
on July 1, 2014 and by 5% on July
1, 2015, and to increase other
charges, as reflected below, on
July 1, 2014 to recover the City's
cost of providing those services,
and
WHEREAS, the City currently lists
costs for variously sized water
meters, which costs are the City's
actual cost for those meters; and
WHEREAS, the actual costs of
those meters changes frequently,
making it difficult to keep up with
those costs when ordinance
amendments are required for each
such change; and
WHEREAS, the City Attorney's
Office has concluded the water
meter costs need not be codified,
but can be set by administrative
rule by the Public Works Director,
or designee, if authorized to do so
by Council resolution;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 3,
Chapter 4, Section 3, entitled
"Potable Water Use and Service,"
of the City Code is hereby amend-
ed by deleting it in its entirety and
replacing it as follows:
3-4-3: POTABLE WATER USE
AND SERVICE:
Description Of Fee, Charge, Bond,
Amount of Fee, Charge, Bond, Fine
Fine or Penalty
Or Penalty
Water service charges (see section
Meter Size
Charge
16-3A-4 of this code):
Inches
7/1/2014 7/1/2015
For first 100 cubic feet or less of
5/8, 5/8 x 3/4,
$6.73 $7.07
water used:
3/4,
$7.35 $7.72
1,
$8.67 $9.10
11/2,
$17.29 $18.15
2,
$23.25 $24.41
3,
$42.96 $45.11
4,
$74.94 $78.69
6
$150.79 $158.33
There will be no minimum monthly charge for a single purpose water
meter for the months of November to march if no water is used.
User charges for water in excess
Monthly
Charge per 100
of 100 cubic feet per month:
Usage (Cubic
cubic feet
Eget
7/1/14 7/1/15
Dual purpose meters
101-3,000
$3.14 $3.30
Over 3.000
$2.26 $2.37
Single purpose meters
Over 100
$3.14 $3.30
Other charges and discounts:
Charge
7/1/14 7/1/15
Returned check/automatic bank
$25.00 $25.00
debit for payment of city utility
services, each
Discount for combined accounts
$1.00 41.00
enrolled in SurePay, per billing
Temporary water use (see subsec-
tion 16 -3A -4B of this code):
During construction for the first 90
Charge per month
days from the date of the connec-
7/1/14 7/1/15
tion to the water main for a. new
water service or a maximum of 90
days for reconstruction:
Single and two-family residences
$15.75 $16.54
Multi -family residences
$15.75 $16.54
Commercial structures
$26.25 $27.56
After 90 days for any structure,
$105.00 $110.25
until the water meter is installed
Direct purchase of water fee, per
Charge 7/1/2014
100 gallons or fraction thereof (see
7/1(2015
subsection 16 -3A -4C of this code
Deposit and delinquency fee for
whole or any section, provision or
combined city water and/or sani-
part thereof not adjudged invalid or
tary sewer and/or solid waste col-
unconstitutional.
lection accounts (see section
SECTION IV. EFFECTIVE DATE.
16-3A-5 of this code):
This Ordinance shall be in effect
Residential owner account
$0.00 $0.00
Residential tenant account
$120.00 $120.00
Commercial account
An amount equal to an average 2
SECTION III. SEVERABILITY. If
month billing for commercial ser-
any section, provision or part of
vice for city water and/or sanitary
tl 1a Ordinance shall be adjudged
sewer service, or $120.00, which-
to be invalid or unconstitutional,
ever is greater
5 percent delinquency charge on current billed portion of the outstand-
ing amount on combined water and/or sanitary sewer and/or solid
waste account that is no paid within 22 days of billing date.
Delinquency deposit fee for com-
An amount equal to an average 2
bined water and/or sanitary sewer
month billing for the delinquent
and/or solid waste collection,
account
accounts (see section 16-3A-5 of
this code
To connect water main extensions,
Charge
per acre
7/1/2014 7/1/2015
$415.00 $435.00
Service Fees
Fee During
Service Fee After
Normal
Normal Working
Working
Hours'
Hours
Reconnection of discontinued ser-
$45.00
$80.00
vice
Posting fee for shutting off water
$45.00
Not done after nor -
in collection procedure
I mal working hours
Frozen water meters
$35.00, plus
$80.00 plus cost of
cost of meter
meter
Shut off water service at curb and
No charge
$80.00 plus hourly
check for exterior leaks
overtime rate
beyond 2 hours
Broken or damaged hydrant
Repair cost
$80.00 plus repair
cost
Location of city owned water main
No charge
No charge
for other utilities
Location of city owned water main
No charge
$80.00, plus hourly
for private enterprise
overtime rate
beyond 2 hours
Check water meter for accuracy at
$77.00
Not done after nor -
consumer's request
mal working hours
Annual fire hydrant fee for inspec-
$91.00
Not done after por-
tion and operation of fire hydrants
mal working hours
which are privately owned or
owned by the other government
agencies
Note: 1. The water division's nor-
whole or any section, provision or
mal working hours are 7:OOAM. to
part thereof not adjudged invalid or
3:30 P.M., Monday through Friday.
unconstitutional.
SECTION fL REPEALER. All ordi-
SECTION IV. EFFECTIVE DATE.
nances and parts of ordinances in
This Ordinance shall be in effect
conflict with the provisions of this
July 1, 2014.
Ordinance are hereby repealed.
Passed and approved this 20th
SECTION III. SEVERABILITY. If
day of May, 2014.
any section, provision or part of
tl 1a Ordinance shall be adjudged
s/Matthew J. Hayek, Mayor Attest:
to be invalid or unconstitutional,
s/Julie Voparil, Deputy City Clerk
sucll adjudication shall not affect
the validity of the Ordinance as a
SIMEMENNIMMMENNIMMINININEENEMOMMMM
PC -6000035]38 May 29, 2014
I
VIM
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4585, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 12, 2014.
Dated at Iowa City, Iowa, this 14th day of July 2014.
K. Voparil
Deputy City Clerk
c� r A , i ti- L-A S v S
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Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA9
JOHNSON COUNTY, 91
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
I E"fGs�S
f
being duly sworn, say that I am
the legal clerk of the IOWA CITY
pRES&CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
� 1
Legal Clerk
Subscribed and sworn to
before me this day Of
td22=
Notary Public
RACHM SHA«A
{ Commission Number 781719
.at t1y �,m 2MMlEires
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
REZONING ORDINANCE TO
nate conservation districts,
\4 V CJ Ir
6 �-. A-
where deemed appropriate, as
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
REZONING ORDINANCE TO
nate conservation districts,
east 50'; Block 35, Lots 1-4
DESIGNATE THE
where deemed appropriate, as
and 6; Block 36, Lots 3-6 and
GOOSETOWN/HORACE
a means of preserving the
the east 60' allot 1; Block 37,
MANN CONSERVATION
neighborhood character of tra-
the north 75' allots 3 and 4, and
DISTRICT AS A
ditional Iowa City neighbor-
the north 37.5' of Lots 1 and 2;
CONSERVATION DISTRICT
hoods, or for preserving areas
Block 48, Lot 2, the north 115'
OVERLAY (OCD) ZONE.
that exemplify unique or dis-
of Lot 1, and Lot 3 excluding
(REZ14-00004)
tinctive development patterns;
the west 15' of the south 40';
WHEREAS, the applicant, the
and
Block 49, Lots 6-8; Block 50,
Iowa City Historic Preservation
WHEREAS, the Historic
Lots 1-3; Block 52, Lots 5-8;
Commission, has requested
Preservation Commission
Block 53, Lots 6-8; Block 54,
approval of a rezoning to desig-
believes that the designation of
Lots 1, 2 and 8, and the east
nate the Goosetown/Horace
the Goosetown/Horace Mann
50' of Lot 3
Mann Conservation District
Conservation District will help
Overlay (OCD) zone for proper-
stabilize the neighborhoods
SECTION II. ZONING MAP.
ties generally located on
located within the district
The Building Inspector is here-
Ronalds, Church, Fairchild and
boundary by providing for
by authorized and directed to
Davenport Streets from east of
design review of exterior
change the zoning map of the
Linn Street to Governor Street
changes, building demolition,
City of Iowa City, Iowa, to con -
including properties on Gilbert,
and new construction, which
form to this amendment upon
Van Buren, Johnson, Dodge
will assure compatibility with
the final passage, approval and
Lucas and Governor Streets,
the existing character of the
publication of this ordinance by
and properties generally locat-
district, and will preserve the
law.
ed on Bloomington, Market,
neighborhood for future resi-
SECTION III. CERTIFICATION
and Jefferson Streets between
dents of Iowa City; and
AND RECORDING. Upon pas -
Dodge and Governor Streets
WHEREAS, the Planning and
sage and approval of the
including properties on Dodge,
Zoning Commission believes
Ordinance, the City Clerk is
Lucas and Governor Streets;
that designating the
hereby authorized and directed
and
Goosetown/Horace Mann
to certify a copy of this ordi-
W H E R E A S , the
Conservation District is in
nance and to record the same,
Comprehensive Plan encour-
accordance with the
at the office of the County
ages the preservation of the
Comprehensive Plan and the
Recorder of Johnson County,
integrity of existing neighbor-
Zoning Code and has recom-
Iowa, at the owner's expense,
hoods and the historic nature
mended approval of the desig-
all as provided by law.
of older neighborhoods; and
nation.
SECTION IV. REPEALER, All
WHEREAS, the Iowa City
NOW, THEREFORE, BE IT
ordinances and parts of ordi-
Historic Preservation Plan
ORDAINED BY THE CITY
nances in conflict with the pro -
encourages the protection and
COUNCIL OF THE CITY OF
visions of this Ordinance are
maintenance of Iowa City's his-
IOWA CITY, IOWA:
hereby repealed.
toric resources and the desig-
SECTION I APPROVAL.
SECTION V. SEVERABILITY If
nation of the Goosetown neigh-
Property described below is
any section, provision or part of
borhood as a local conserva-
hereby designated as a
the Ordinance shall be
tion district; and
Conservation District Overlay
adjudged to be invalid or
WHEREAS, the Central
(OCD) Zone, to be known as
unconstitutional, such adjudi-
District Plan encourages rein-
the Goosetown/Horace Mann
cation shall not affect the valid -
vestment in residential proper-
Conservation District:
ity of the Ordinance as a whole
ties and support of the Iowa
or any section, provision or part
City Historic Preservation Plan;
LEGAL DESCRIPTION
thereof not adjudged invalid or
and
unconstitutional.
WHEREAS, the City's
All of Blocks 6, 8, 15, 16, 17,
SECTION VI. EFFECTIVE
Strategic Plan contains the
18, 29, and 51 in the Original
DATE. This Ordinance shall be
goal of maintaining healthy
Town Subdivision of Iowa City,
in effect after its final passage,
neighborhoods; and
Johnson County, Iowa, and
approval and publication, as
WHEREAS, the establishment
Block 5, Lots 1-7; Block 7, Lots
provided by law.
of a local conservation district
2-7 and the south 62.7' of Lot
Passed and approved this 3rd
would further aid the City's pol-
8; Block 9, Lots 2-7; Block 10,
day of June, 2014.
icies of preserving the historic
Lots 5-8; Block 14, Lots 5-8;
building stock; and
Block 19, Lots 2-3, the north
s/Matthew J. Hayek, Mayor
WHEREAS, the Iowa City
50' allot 4, and the north 65' of
Attest: s/Marian K. Karr, City
Municipal Code authorizes the
Lot 1; Block 28, Lots 1-4; Block
Clerk
Historic Preservation
31, the south 95' of Lot 5;
Commission to recommend
Block 34, Lots 5-7 and Lot 8
June 12, 2014
and the City Council to desig-
excluding the north 55' of the
I r j
_=
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 3S6-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4586, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 13, 2014.
Dated at Iowa City, Iowa, this 14th day of July 2014.
J ' . Voparil
Deputy City Clerk
�)' 'D
Printer's Pee $ `.._.---�
CERTIFICATE OF PUBLICATION
STATE OF IOWA9
JOHNSON COUNTY, SS:
THE IOWA CI'T'Y PRESS-CMZEN
FED.ID#42-0330670
being duly sworn, that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper �—
time(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
b ore me this .D.� of
Notary Public
RACHEL SHALLA
o Commission Number 781715
My Commission Expiros
,�►. 12106/2018
6113 Iowa City Press -Citizen
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO.14-4586
AN ORDINANCE AMENDING TITLE 14: ZONING, ADDING ARTICLE
14-2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT
STANDARDS, AND AMENDING OTHER PARTS OF TITLE 14 TO
INTEGRATE THE FORM -BASED CODE
On June 3, 2014, Council passed and adopted the above -titled Ordinance.
The following is a summary of said Ordinance. The Ordinance can be
inspected in the office of the City Clerk, 410 E. Washington Street, Iowa
City, where the normal business hours are 8 a.m.-5 p.m., Monday -Friday.
WHEREAS, the adopted 2013 Downtown and Riverfront Crossings
Master Plan (2013 Plan) provides a vision, goals and objectives encourag-
ing pedestrian -oriented, mixed-use redevelopment in the Riverfront
Crossings District; and
WHEREAS, one of the primary tools to implement the 2013 Plan's vision
for the Riverfront Crossings District is the adoption and incorporation of
form -based development standards into the Zoning Code to ensure new
buildings are designed and located to create a walkable and sustainable
urban neighborhood; and
WHEREAS, because the form -based code will be incorporated into the
existing Zoning Code, it is necessary to amend other articles and sections
of the Zoning Code to ensure consistency and clarity regarding which
generally -applicable zoning standards apply in the Riverfront Crossings
Zones; and
WHEREAS, furthermore, due to changes in parking policies and regula-
tions since the Near Southside Neighborhood Parking Facility District
Impact fee was enacted in 1992, it is in the interest of the City to eliminate
said fee and update its parking policies and regulations in Downtown and
Riverfront Crossings to reflect current market conditions and the 2013 Plan
goals that encourage on-site parking for residential uses; and
WHEREAS, the Downtown and Riverfront Crossings Parking District stan-
dards are intended to provide an option for development that meets certain
public goals to reduce on-site parking requirements through a payment of
fees in lieu. Fees collected are intended to ensure that the increased devel-
opment that results from this parking reduction bears a proportionate share
of the capital improvement costs necessary to meet the additional parking
needs caused by such development. This option will supplant the option
to request a special exception for parking in a municipal parking facility,
which has resulted in the unsustainable practice of transferring public
parking to private entities at no cost; and
WHEREAS, in response to the increased demand for fraternal group living
uses (fraternities and sororities) it is in the best interests of the City to allow
these uses at the previous density level of 1 resident per 300 square feet
of lot area in the highest density multi -family zones (RM -44 and PRM
Zones), but only by special exception to ensure they are designed and
managed in a manner that provides a safe and healthy living environment
for residents and will be compatible with surrounding residential uses; and
WHEREAS, it is in the best interests of the City to clarify that student
dormitories are a type of independent group living use and to establish
special exception approval criteria that will allow this housing type as an
option in the Riverfront Crossings District in a manner that provides a safe
and healthy living environment for residents; and
WHEREAS, it is in the interests of the City to establish consistent store-
front window standards in zones where such windows are required, includ-
ing the Riverfront Crossings Zones, Central Business Zones, Neighborhood
Commercial Zone, and the Mixed Use Zone; and
WHEREAS, after considerable deliberation and public discussion, the
Planning and Zoning Commission has recommended approval of the
Riverfront Crossings form -based development standards and other related
amendments to the zoning code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is
hereby amended as follows:
A. Add "Riverfront Crossings Form -Based Development Standards" as a
base zone to Title 14, Zoning Code, which is hereby summarized as fol-
lows.
This code establishes a distinct form -based zoning code the area known
as the Riverfront Crossings District ("District"), as shown on the following
map. This code divides the District into seven subdistricts, each having
their own allowable frontage types, building types, and parking types, as
described below. These new code standards only apply to properties
rezoned to a Riverfront Crossings zoning designation.
(1Z),, - k I 'I — L -es;- �i (, 11 � - _r� ,� �
M
I. SUBDISTRICTS
A. The South Downtown, Park, South Gilbert, and University
Subdistricts are intended for high intensity mixed-use development in
buildings with active ground floor uses opening onto pedestrian -friendly
streetscape. Buildings are designed with facades aligned along public
sidewalks with parking and service areas located behind buildings in rear
lot and mid -block locations.
1. Uses: The principal uses.allowed in these subdistricts are the same as
allowed in the CB -5 Zone, with certain exceptions. Provisions and
special exception approval criteria that apply in the CB -5 Zone also
apply in these subdistricts, with certain exceptions. Provisions and
special exception approval criteria that apply in the CB -5 Zone also
apply in these subdistricts. Use restrictions apply to quick vehicle
servicing uses, household living uses, multi -family uses, assisted
group living uses, and residential uses. Residential occupancy is lim-
ited to one "household" per dwelling unit. The maximum number of
bedrooms per dwelling unit is three. There is no maximum residential
density (units per acre), however, for Apartment Buildings, Multi -
Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bed-
room units per lot may not exceed 30% of the total number of units on
the lot. Independent and Fraternal Group Living Uses are allowed by
special exception in the South Downtown and University subdistricts.
Residential occupancy is limited to 1 roomer per 300 square feet of
floor area, not including floor area within a garage or structured parking
area. In the Park and South Gilbert subdistricts, Drinking Establishments
are only allowed in Required Retail Storefronts, as indicated on the
regulating plan, and must meet the applicable Drinking Establishment
spacing requirement.
2. Building Type and Placement: Principal buildings constructed on land
zoned to one of these sub -districts shall be one of the following build-
ing types: apartment buildings, multi -dwelling buildings; live -work
townhouses in the South Gilbert and University subdistricts; commer-
cial buildings, liner buildings, and civic or institutional buildings.
Limitations regarding the building placement apply.
3. Building Height and Facade Step backs: In the South Downtown
subdistrict, buildings shall be between 2 to 8 stories in height. In the
Park, South Gilbert and University subdistricts buildings shall be
between 2 to 6 stories in height. Single story buildings may be permit-
ted in midblock locations in the South Gilbert subdistrict. Additional
building height may be granted through transfer of development rights
or through bonus height provisions as set forth in the Section 14 -2G -
7G, Building Height Bonus Provisions. Building heights may be further
restricted by FAA regulations. Step -back requirements for upper floor
building facades apply.
4. This Code sets forth certain building and frontage type regulations, as
well as parking, loading, service area, and screening regulations spe-
cific to these subdistricts. Accessory uses, buildings and structures
shall comply with the provisions of Article 144C. However, there are
more specific regulations regarding garages and parking structure
location and construction.
B. Central Crossings Subdistrict is intended for moderate intensity
mixed-use development in buildings with entries opening onto pedestri-
an -friendly public streets and streetscapes. Buildings are designed with
facades aligned along primary streets and parking located in mid -block
parking lots and structures
Uses: The principal uses allowed in the Central Crossings Subdistrict
are the same as allowed in the CB -5 Zone, with certain exceptions.
Provisions and special exception approval criteria that apply in the
CB -5 Zone also apply in the Central Crossings Subdistrict with certain
exceptions. Use restrictions apply to quick vehicle servicing uses,
household living uses, residential uses, and assisted group living uses.
Residential occupancy is limited to one "household" per dwelling unit.
The maximum number of bedrooms per dwelling unit is three. There is
no maximum residential density (units per acre), however, for Apartment
Buildings, Multi -Dwelling Buildings, and Mixed -Use Buildings, the
number of 3 -bedroom units per lot may not exceed 30% of the total
number of units on the lot. Residential occupancy is limited to 1
roomer per 300 square feet of floor area, not including floor area within
a garage or structured parking area. Drinking Establishments are not
allowed.
Building Type and Placement. The following principal building types
are allowed: townhouse, apartment buildings, multi -dwelling buildings,
live -work townhouses; commercial buildinqs; mixed-use buildings;
liner buildings; civic or institutional buildings. The placement of such
buildings is subject to location regulations, including minimum and
maximum setback limitations.
3. Building Height and Facade Stepbacks. Except as provided below,
principal buildings shall be a maximum 4 stories in height. Additional
building height may be granted through certain transfer of develop-
ment rights or through bonus height provisions. Building heights may
be further restricted by FAA regulations. Above the 3rd floor, step -back
requirements apply.
4. This Code sets forth certain building and frontage type regulations, as
well as parking, loading and service area limitations apply. Accessory
uses, buildings and structures shall comply with the provisions of
Article 14-4C, unless otherwise specified in the Riverfront Crossings
Code.
C. Gilbert Subdistrict is intended for lower intensity mixed-use develop-
ment in buildings with street -facing entries opening onto pedestrian -
friendly streetscapes. Buildings are designed with facades aligned along
primary streets, modest setbacks, and parking located in mid -block
parking lots.
1. Uses: The principal uses allowed in this subdistrict are the same as
allowed in the CB -5 Zone. Provisions and special exception approval
criteria that apply in the CB -5 Zone also apply in this subdistrict as set
forth in Article 14-413, with certain exceptions. Use restrictions apply to
household living uses and building trade uses. Residential occupancy
is limited to one "household" per dwelling unit. The maximum number
of bedrooms per dwelling unit is three. There is no maximum residential
density (units per acre), however, for Apartment Buildings, Multi -
Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bed-
room units per lot may not exceed 30% of the total number of units on
the lot. Residential occupancy is limited to 1 roomer per 300 square
feet of floor area, not including floor area within a garage or structured
parking area. Drinking Establishments are not allowed.
2. Building Type and Placement. The following Building Types are per-
mitted in this subdistrict: Cottage Home, Rowhouse, Townhouse,
Apartment Building, Live -work Townhouse, Commercial Building;
Mixed Use Building, Liner Building; Civic or Institutional Building. The
placement of these buildings are subject to specific limitations appli-
cable to this subdistrict.
3. Building Height and Facade Stepbacks. Except as provided below,
principal buildings shall be 3 stories max. in height. Additional building
height may be granted through transfer of development rights or
through bonus height provisions. Above the 3rd floor, set -back require-
ments may apply.
4. This Code sets forth certain building and frontage type regulations, as
well as parking, loading and service area limitations apply. Accessory
uses, buildings and structures shall comply with the provisions of
Article 144C, unless otherwise specified in the Riverfront Crossings
Code.
D. West Riverfront Subdistrict is intended for commercial and mixed-
use development in buildings with street -facing entries opening onto
streetscapes designed to provide a comfortable and attractive environ-
ment for pedestrians buffered from vehicular traffic on Riverside Drive.
Along the west side of Riverside Drive south of Benton Street, buildings are
designed with facades fronting onto a pedestrian way and perpendicular
parking aligned along a continuous north -south travel way allowing cross -
parcel connections among adjacent sites and a reduction in curb cuts
along Riverside Drive. Along the Iowa River, buildings are located, oriented,
and designed to take advantage of river views. Along streets in this district,
buildings are designed with facades aligned parallel to Riverside Drive,
Benton Street, and Sturgis Corner Drive, with parking located in mid -block
and side yard locations with front yard parking only along the west side of
Riverside Drive south of Benton Street, and along some portions of
Orchard Street and Highway 6.
1. Uses: The principal uses allowed in the West Riverfront Subdistrict are
the same as allowed in the CB -5 Zone. Provisions and special excep-
tion approval criteria that apply in the CB -5 Zone also apply in the West
Riverfront Subdistrict, except as noted below. Restrictions apply to
residential uses, building trade uses, assisted group living uses, house-
hold living uses. Residential occupancy is limited to one "household"
per dwelling unit. The maximum number of bedrooms per dwelling unit
cs�. �,-\ - `o 1--,3' oma.. C'�,, -1
is three. There is no maximum residential density (units per acre), how-
ever, for Apartment Buildings, Multi -Dwelling Buildings, and Mixed -Use
Buildings, the number of 3 -bedroom units per lot may not exceed 30%
of the total number of units on the lot. Residential occupancy is limited
to 1 roomer per 300 square feet of floor area, not including floor area
within a garage or structured parking area. Outdoor Commercial
Recreational Uses are allowed by special exception. Drinking
Establishments are allowed, subject to applicable distance separation
requirements.
2. Building Type and Placement: The following Building Types are per-
mitted in the West Riverfront subdistrict: row house; townhouse; apart-
ment building; multi -dwelling building; live -work townhouse; commer-
cial
building; mixed-use building; liner building; civic or institutional
building. The placement of these buildings are subject to specific limi
tations applicable to this subdistrict.
3. Building Height and Facade Stepbacks: Principal buildings shall be a
. maximum of 4 stories in height, except that principal buildings with
frontage on the Iowa River may be a maximum 8 stories max. in height
before application of bonus provisions. Above the 3rd floor, building
step -back requirements may apply. Buildings with frontage on the Iowa
River shall be exempt from the stepback requirement.
4. This Code sets forth certain building and frontage type regulations,
s
Accessory
well as parking, loading and service area limitations apply.
uses, buildings and structures shall comply with the provisions of
Article 144C, unless otherwise specified in the Riverfront Crossings
Code.
11. FRONTAGE STANDARDS.
This Code further adopts seven frontage type standards applicable to all
principal buildings constructed on property zoned to one of the Riverfront
Crossings zoning designations: storefront; urban flex; terrace; stoop;
porch and yard; portico; forecourt. The code further regulates the specific
frontage types allowed for each building type. For example, the frontage
type ,stoop" and "porch and yard" are permitted frontage types for cot-
tage homes. There are many illustrations included with the original
Ordinance on file with the City Clerk.
re not
nded to
promote a particular architectural style or standards x
repr senthearchitectural detail
necessary for high quality buildings.
1. Storefront frontage is the primary frontage type for buildings with
active commercial ground floor uses, such as retail, personal services,
and restaurants. The frontage provides storefront facades that are
typically aligned close to the streetside property line, with large trans-
parent windows and multiple building entries at the grade of the front-
ing sidewalk. The Regulating Plan indicates locations where this front-
age type is required. The code further sets forth limitations on design,
window and door coverage, ground floor finished floor elevation,
entrance locations, and building projections. To encourage commercial
activity at the street level, the private frontage area between the public
sidewalk and the building facade shall be designed for additional side-
walk width and other pedestrian -oriented uses, such as plaza space,
outdoor patio space for restaurant and cafe seating, landscaping,
public art, or recessed entryways.
2. Urban Flex frontage is appropriate for buildings with ground floor
commercial uses where more flexibility is desired for non -retail uses,
such as offices, institutional uses, building trade uses, and live -work
uses, or along secondary frontages where views into the interior of the
building are not as critical, but where architecturally finished facades
with elements that provide visual interest and comfort to pedestrians
are important. The frontage provides ground floor storefront conditions
with high proportions of transparency, but to a lesser degree than the
Storefront frontage. The code further sets forth limitations on design,
window and door coverage, ground floor finished floor elevation,
entrance locations, and building projections. To encourage commercial
activity at the street level, the private frontage area between the public
sidewalk and the building facade shall be designed for pedestrian -ori-
ented uses, such as plaza space, outdoor patio space for restaurant
and cafe seating, landscaping, public art, or recessed entryways.
3. Terrace frontage provides for vertical separation of building space
from sidewalk grade and creates semi -private outdoor space foridi
vidual dwelling units by elevating and partially enclosing a portion
of
the private frontage area. The Terrace frontage is suited for ground floor
residential uses in urban settings and may be appropriate for live -work
and institutional uses. The private frontage area between the sidewalk
and the building facade shall be designed as a raised terrace elevated
up to 36" max. above grade by a garden wall to provide a semi -private
outdoor space. The terrace may also be suitable for outdoor seating for
live -work uses. The code further sets for limitations on a terrace projec-
tion beyond the front facade. Terraces shall be enclosed by garden
walls up'to 42" max. in height above grade. Building entries shall be
accessed directly from the Terrace. Additional landscaping regulations
apply.
It. Stoop frontage is appropriate for certain buildings with ground floor
residential or institutional uses. The Stoop frontage provides for vertical
separation of building space from sidewalk grade and modest projec-
tions of stoops and covered entries for individual dwelling units beyond
building facades. The Stoop frontage typically is used in conjunction
with shallow setbacks. The private frontage area between the sidewalk
and the building facade shall be landscaped with the intent to provide
privacy for residents and attractive landscape for pedestrians. The
private frontage area is not intended as outdoor gathering space (such
as patios) and hardscaped areas other than stoop, stair, accessible
ramp, and paved walkway are not permitted. This frontage type is
subject to further regulations regarding location, size, elevation, and
landscaping
5. Porch and Yard is appropriate for certain residential buildings and
provides for vertical separation of building space from sidewalk grade,
projections of usable porches beyond building facades, and is typi-
cally set back from the streetside property line to provide a front yard
area. An optional fence may be bullt at or close to the property line to
delineate the front yard. The private frontage area between the side-
walk and the building facade shall be landscaped with the intent to
provide privacy for residents and attractive landscape for pedestrians.
The private frontage area is not intended as outdoor gathering space
(such as patios) and hardscaped areas other than porch, stair, acces-
sible ramps, and paved walkway are not permitted. The finished floor
elevation of ground floor residential space shall be elevated 18" min.
above the elevation of the abutting public sidewalk, and 36" max.
above grade. Porches shall be provided at the entries of single or two-
family dwellings along front building facades and shall consist of an
exterior floor area raised 18" min. above the elevation of the abutting
public sidewalk, and 36" max. above grade to generally match the
interior ground floor finished floor elevation. Porches are subject to
further regulations regarding size, fence enclosures and landscaping.
6. Portico is appropriate for certain buildings with ground floor residen-
tial use, as well as institutional uses. The Portico frontage has its build-
inq facade aligned close to the streetside property line with the ground
floor elevated above the sidewalk level to provide privacy for the
ground floor windows and is accessed by a covered, generously -sized
exterior stairway and landing. The private frontage area between the
sidewalk and the building facade shall be landscaped with the intent to
provide privacy for.residents and attractive landscape for pedestrians.
The private frontage area is not intended as outdoor gathering space
(such as patios) and hardscaped areas other than portico, stair, acces-
sible ramp, and paved walkway are not permitted. The finished floor
elevation of ground floor residential space shall be elevated 18" min.
above the elevation of the abutting public sidewalk, and 36" max.
above grade. Porticos shall be provided at building entries along front
building facades and shall consist of an exterior floor area raised 18"
min. above the elevation of the abutting public sidewalk, and 36" max.
above grade to generally match the interior ground floor finished floor
elevation. Porticos may provide access to a central lobby of a multi-
unit building or may provide direct access to no more than two
entrances to individual dwelling units: Porticos are subject to further
regulations regarding projections, roof design, and landscaping.
7. Forecourt is a subordinate frontage type intended for use in combina-
tion with one or more of the above-described frontage types. The
forecourt frontage is created by setting back the central portion of the
building facade to create an entry plaza or green that is surrounded by
building facades on three sides. Forecourts at corners are not permit-
ted. Forecourts are subject to regulations regarding size, landscaping,
and screening.
Ill. BUILDING TYPE STANDARDS.
The Code establishes certain building type standards to differentiate and
define a range of principal building types appropriate for the specific
subdistrict the property is located in. The Building Types describe basic
building configuration and massing, pedestrian access, vehicle access,
and parking specific to each typology. The standards are intended to
complement the Subdistrict Standards and Frontage Type standards, and
are not intended to promote a particular architectural style or represent
the architectural detail necessary for high quality buildings. There are ten
building types allowed, depending on the applicable subdistrict. For
instance, Cottage Home is a building type allowed only in the Gilbert
subdistrict, but apartment buildings are an allowed building type in all of
the seven subdistricts. See Table 2G-6 for more detail.
1. Cottage Homes are a detached single-family house on a fee simple
lot. The Cottage Home provides a semi -private front yard and a private
backyard. Garages are located in the rear yards, accessed either from
an alley or by narrow driveways between adjacent Cottage Homes. The
Code contains regulations on building size and massing, primary
pedestrian access, and vehicle parking.
2. Rowhouses are a single-family unit that shares common walls with
one or two of the adjacent units. and may be located on a separate
fee -simple lot or be part of a multi -unit development. The Rowhouse
provides a semi -private front yard and a private backyard. The Code
contains regulations on building size and massing, primary pedestrian
access, and vehicle parking.
3. Townhouses are a single-family unit that shares common walls with
one or two of the adjacent units. A Townhouse may be located on a
separate fee -simple lot or be part of a multi -unit development. The
Townhouse provides a semi -private front yard but no private backyard.
The Code contains regulations on building size and massing, primary
pedestrian access, and vehicle parking.
4. Apartment Buildings are designed to be occupied by multiple dwelling
units configured as a double -loaded corridor building. The Apartment
Building is oriented perpendicular to the primary street frontage and
sits atop an underground parking garage whose bay width determines
the building width. The Code contains regulations on building size and
massing, primary pedestrian access, and vehicle parking.
5. Multi -Dwelling Buildings are designed to be occupied by multi -family
dwelling units or group living uses. The Multi -Dwelling Building may be
arranged in a variety of configurations, including bar, L and C -shapes.
A Multi -Dwelling Building may be configured around a courtyard pro-
viding private outdoor space, or may be part of a larger development
with multiple buildings configured around a common courtyard. The
Code contains regulations on building size and massing, primary
pedestrian access, and vehicle parking.
6. Live -Work Townhouse is designed to be occupied by a single dwelling
unit and a single ground floor commercial or flex space. The Live -Work
Townhouse shares common walls with one or two adjacent units and
may be located on a separate fee -simple lot or be part of a multi -unit
development. The code contains regulations on building size and
massing, primary pedestrian access, and vehicle parking.
7. Commercial Buildings are designed for occupancy by one or more
non-residential uses. If present, uses generating visitor or customer
traffic (such as retail, restaurants, personal services) are typically
located on the ground floor facing the sidewalk. The Code contains
regulations on building size and massing, primary pedestrian access,
and vehicle parking.
8. Mixed -Use Buildings are designed for occupancy by a minimum of
two different uses that may be vertically and/or horizontally demised. If
present, uses generating visitor or customer traffic (such as retail, res-
taurants, personal services, live/work commercial space) are typically
located on the ground floor facing the sidewalk, whereas uses generat-
ing limited pedestrian activity (such as office or residential) are typi-
cally located on upper floors or behind street fronting commercial uses.
Residential uses are not allowed in street -facing storefront spaces
unless designed as live -work space. The Code contains regulations on
building size and massing, primary pedestrian access, and vehicle
parking.
9. A Liner Building is shallow building designed and placed in a manner
that hides a parking structure from public view. Liner buildings are
oriented toward the street with no or minimal openings to the rear. The
parking structure in the rear may be attached to the Liner Building, or
slightly detached as required for fire separation. The Liner Building may
be occupied by a single use or a mix of uses. If present, uses generat-
ing visitor or customer traffic (such as retail, restaurants, personal
services) are typically located on the ground floor facing the sidewalk,
whereas uses generating limited pedestrian activity (such as office or
residential) are typically located on upp6r floors. The Liner building may
also include live/work units, and townhouse units. The Code contains
regulations on. building size and massing, primary pedestrian access,
and vehicle parking.
10. Civic or Institutional Buildings are designed for occupancy by,public
or quasi -public uses that provide important services to the community.
A Civic or Institutional Building contributes significantly to the quality of
a place and often is the focal point of a public open space and built
with high quality materials and architectural design. Civic or Institutional
Buildings may be publicly owned and operated (e.g. city hall, post
office, school, courthouse), semipublic (YMCA, Boys and Girls Club,
museum), or privately owned and operated (e.g. church, daycare cen-
ter, private school). The Code contains regulations on building size and
massing, primary pedestrian access, and vehicle parking.
IV. PARKING TYPES
The Code establishes and sets forth certain Parking Type Standards for
the allowed off-street parking. It creates seven different parking types that
may be allowable, depending on the building type the parking is associ-
ated with. For instance, a garage is the only allowable parking type for
cottage homes, but surface lots and underground structured parking are
allowable for apartment buildings.
1. Garages provide private, enclosed parking spaces for individual
dwelling units. Garages shall be located behind the principal building
and may be attached to it, connected through a breezeway, or
detached.
2. Tuck -under parking provides covered and enclosed parking spaces
located at the rear of a building. Tuck -under parking may be combined
with other parking types and works particularly well on properties that
slope away from the primary street right-of-way and where a residential
dwelling must be elevated above a flood hazard area.
3. Surface lots provide uncovered, at -grade parking spaces. Surface lots
shall be located according to the rules set forth in Section 14-2G-3,
Subdistrict Standards.
4. Mid -Block Structures are freestanding parking structures located in
the center of a larger block. Mid -block structures shall be set back from
adjacent buildings by at least 40' to provide sufficient light and privacy
for commercial or residential uses facing the block interior. This set-
back may accommodate an alley, private rear lane, and/or rear yards.
5. Lined Structures are parking structures located behind shallow Liner
Buildings that are oriented solely toward the street. Lined structures
may be directly attached to the liner building or detached by a minimal
fire separation distance. Lined structures shall be limited in height to
equal or less than the height of the liner building.
6. Integrated Structures are parking structures located within an occu-
pied building. Integrated structures may be fully or partially integrated
into the building.
7. Underground Structures are parking structures located below grade.
Underground structures may be combined with other above -ground
parking types.
V. GENERAL REQUIREMENTS
The Code sets forth certain general requirements that apply to all prop-
erty rezoned to a Riverfront Crossings District, regardless of the subdis-
trict designation. Those general requirements relate to streetscape and
frontage area improvements; pedestrian streets; pedestrian passage-
ways; design criteria for "streetscreens"; open space requirements for
projects with residential use; building design standards; building height
bonus provisions; and minor adjustments.
1. The Building Design Standards address fagade composition, building
entries, windows, story heights, building materials, roof design,
awnings and canopies; mechanical equipment; and signs.
2. The building height bonus provisions provide an incentive for develop-
ments to incorporate features that provide a public benefit or that fur-
ther important goals and objective of the Riverfront Crossings Master
Plan according to the eligible bonuses set forth in this Section.
Applications for building height bonuses will be considered through the
Design Review Process.
3. The transfer of limited development height is allowed, subject to spe-
cific limitations fully set forth in the Ordinance, in certain situations a)
where certain open space is dedicated to the City as a public park; b)
to promote historic preservation; or c) to incentive dedication of land
for public rights-of-way necessary to realize the vision of the Riverfront
Crossings Master Plan.
4. Height bonuses are allowed, subject to specific limitations fully set
forth in the Ordinance, for a) Class A office space (two additional floors
of building height may be granted for every floor of Class A office
space provided.); b) public art (one additional floor of building height);
c) leadership in energy and environmental design (up to four additional
floors); d) student housing (up to five additional floors); e) hotel space
(one additional floor for every floor of high-quality hotel space); f) work-
force or affordable housing (up to five floors of additional building
height); g) elder housing (up to five floors of additional building height)
5. The Riverfront Crossings Code creates a Form -Based Code
Committee to approve minor adjustments to the building and parking
placement standards, Subdistrict Standards. Setbacks' greater or
lesser than the ranges allowed ; deviations from the facade continuity
requirements; deviations from the Frontage Type Standards, to accom-
modate buildings located on steeply sloped sites or within flood hazard
zones. Where accessibility standards cannot be met, the FBC
Committee may approve deviations to ensure adherence to Americans
with Disabilities Act (ADA). The FBC Committee may approve devia-
tions from the building design standards if certain conditions are met.
B. Amend 14-3C to designate Riverfront Crossings Design Review District
as a design review overlay zone, regulated by a Level I design review
considered by a newly created Form -Based Code Committee, except
f o r
structures designed with certain building height bonuses allowed, which
shall require a Level II review.
C. Amend 14 -3C -3B to add "student dormitories" as an example of an
independent group living use.
D. Amend 14 -4B -4A-9 to add additional approval criteria for a special
exception for independent group living uses: The proposed use must be
designed to be compatible with adjacent uses. The Board of Adjustment
will consider aspects of the proposed use such as the location, site size,
types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping and amount of paved areas to ensure that the proposed use
is compatible with other residential uses in the neighborhood. The Board
may prohibit certain aspects of a use or impose conditions or restrictions
to ensure compatibility. These conditions or restrictions may include, but
are not limited to, additional screening, landscaping, pedestrian facili-
ties; setbacks; location and design of parking facilities; location and
design of buildings; establishment of a facilities management plan.
E. Amend 14 -4B -4A -10a to set the maximum density for fraternal group
living uses as follows:
(1) In the RM -20 and RNS-20 Zones: 1 roomer per 900 square feet of lot
area.
(2) In the RM -44 and PRM Zones: 1 roomer per 300 square feet of lot
area.
F. Amend 14-2C to establish the following regulation for street -level store-
front windows in the MU and CN -1 zone: A minimum of 50 percent of
the building fagade between 2 and 10 feet in height from the adjacent
exterior grade must be comprised of clear and highly transparent win-
dows and doors. Reflective (mirrored) or colored glass is not permitted.
Such windows must allow views into the interior space or be storefront
dis-play windows that are set into the wall. Display cases attached to the
outside building wall do not qualify. The bottom of such windows must
be no more than 4 feet above the level of the adjacent sidewalk.
G. Amend 14 -2C -8N-1 to establish the following regulation for street -
level storefront windows in the Central Business Zones: Along any
street -facing building fagade and along any portion of a storefront
fagade that abuts a pedestrian plaza, a minimum of 50 percent of the
building fagade between 2 and 10 feet in height from the adjacent exte-
rior grade must be comprised of clear and highly transparent windows
and doors. Reflective (mirrored) or colored glass is not permitted. Such
windows must allow views into the interior space or be storefront display
windows that are set into the wall. Display cases attached to the outside
building wall do not qualify. Where possible, the bottom of such store-
front windows should be no more than 2 feet above the level of the
adjacent exterior grade. However, on sloping sites where it is difficult to
meet this 2 -foot standard, the height above grade may vary, but shall not
exceed 4 feet above the adjacent exterior grade (see 14 -2C -7L, Figure
2C.2).
H. Amend 14 -4B -4B-12 (h) and (i), regarding the regulation for specific
approval criteria for Quick Vehicle Service uses to clarify the approval
criteria for such uses in the Riverfront Crossings District shall be those
standards set forth in 14-2G, Riverfront Crossings Form -Based
Development Standards.
L Delete 14 -5A -3C to eliminate the maximum off-street parking allowed in
CB -5 zone.
J. Amend 14 -5A -3D-4 regulating the maximum off-street parking allowed
in the CB -10 zone to state as follows: Household Living Uses must
provide parking according to Table 5A-1. The parking must meet the
standards specified in subparagraphs 5b. through e. below. If there is
practical difficulty providing the required parking for Household Living
Uses on site, off-site parking for Household Living Uses may be
approved accordinq to the provisions of 14 -5A -4F. Alternatives to
Minimum Parking Requirements.
K. Delete 14 -5A -3E, the regulations regarding the maximum parking
allowed in the Near Southside Parking Facility District.
L. Delete 14 -2B -6D-7, regulating building entrances for mufti -family
developments.
M. Amend 14 -5A -5F, regarding construction and design standards for
off-street parking, to establish that said standards apply to properties
zoned Riverfront Crossings, particularly to mid -block structures, lined
structures, integrated structures, and underground structures, as
,described in Article 14-2G.
1. Furthermore, this section shall be amended to state that in Multi -
Family Zones, the ceiling height of any underground parking may
extend no more than 3 feet above grade. For purposes of this subpara-
graph, grade shall be defined as the average point of elevation of the
finished surface of the ground, paving, or sidewalk within the area
between the building and the streetside property line(s) or when the
streetside property line is more than 5 feet from the building, between
the building and line 5 feet from the building. A parking level that has
more than 3 feet of its floor to ceiling height above grade as defined
herein shall be considered ground level parking and therefore shall be
subject to the setback stated in subparagraph b., above.
2. On property zoned Riverfront Crossings, structured parking shall be
placed in accordance with the provisions set forth in Article 14-2G,
Riverfront Crossings Form -Based Development Standards.
3. Alley or rear lane access to Garage entrances/exits is preferred in the
Riverfront Crossings Zones, although the Form -based Code Committee
may allow direct street access if certain criteria are met.
N. Amend 14-5A-4, Minimum Parking Requirements, including Table
5A-1, Table 5A-2, and Table 5A-3 to establish the minimum parking
requirements for the Riverfront Crossings Zones; to clarify that one of the
rules for computing the minimum parking requirement is when the park-
ing requirement is based on the number of residents or occupants, the
number of residents or occupants shall be based on the maximum
occupancy of the use as determined by the City; and one of the rules for
computing bicycle parking requirements in the Riverfront Crossings
Zones, as designated on Table 5A-3, the minimum bicycle parking
requirements are expressed as a certain number of spaces per bedroom
or resident or, in the case of non-residential uses, as a ratio based on the
floor area of the proposed use. When expressed as a number of spaces
per resident, the number of residents shall be the based on maximum
occupancy of the use as determined by the City.
1. Amend Table 5A-1 such that the vehicle parking requirement for
household living uses for CB -5 shall be 0.5 space per dwelling unit for
efficiency and 1 bedroom units.
2. Amend Table 5A-2 to clarify that the standards therein do not apply to
properties zoned Riverfront Crossings, and further amend such table
to a) reduce the vehicle parking requirement in the PRM Zone to 0.75
spaces per dwelling unit for efficiency and 1 -bedroom units; 1.5
spaces per dwelling unit for 2 -bedroom units, and 2.5 spaces per
dwelling unit for 3 -bedroom units; and b) establish the parking require-
ment.for CB -2 Zone is 0.75 spaces per dwelling unit for efficiency and
1 -bedroom units; 1.5 spaces per dwelling unit for 2 -bedroom units,
3. Add the following Table 5A-3 setting forth the parking requirement for the Riverfront Crossings Zones
Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings Zones
USE CATEGORIES
SUBDISTRICT
MINIMUM PARKING REQUIREMENT
BICYCLE
PARKING
Household Living Units
South Down -town, University
Efficiency, 1 -bedroom: 0.5 space per dwelling unit. 2 -bedroom: 1 spaces
1 per d.u.
within the following
.
per dwelling unit 3 -bedroom: 2 spaces per dwelling unit Elder Apartments:
Building Types:
1 space for every 2 dwelling units. For Multi -Family Dwellings granted
Apartment Building,
bonus height for student housing located within the University Subdistrict
Multi -Dwelling Building
or on property directly abutting or across the street from the UI campus
Mixed -Use Building
as illustrated on the Regulating Plan, Fig.2G-1, the parking requirement is
0.25 per bedroom.
Park, South Gilbert, Central
Efficiency, 1 -bedroom: 0.75 space/dwelling unit. 2 -bedroom: 1.5 spaces/
1 per d.u.
Crossings, Gilbert, West
dwelling unit 3 -bedroom: 2.5 spaces/dwelling unit. Elder Apartments: 1
Riverfront
space for every 2 dwelling units.
Household Living Units
All subdistricts where said
1 space per dwelling unit. However, for a dwelling unit that contains a
None
within the following
Building Types are allowed.
household with more than 2 unrelated persons, 1 additional parking
Building Types:
space is required for each additional unrelated person in excess of two.
Cottage Home Row
house Townhouse
Live -Work Town -house
Household Living Units
All subdistricts
Parking shall be provided within the associated parking structure using
1 per d.u.
within Liner Buildings
the following ratios: Efficiency, 1 -bedroom: 0.5 space per dwelling unit.
2 -bedroom: 1 spaces per dwelling unit 3 -bedroom: 2 spaces per dwelling
unit Elder Apartments: 1 space for every 2 dwelling units. Specific parking
spaces within the associated parking structure may or may not be
reserved for use by residents within the liner building.
Assisted Group Living
All subdistricts where said
1 space for every 3 rooming units
None
uses are allowed.
Fraternal Group Living
All subdistricts where said
0.50 space per resident. If the use is located within the University
0.50 spaces per
uses are allowed.
Subdistrict or on property directly abutting or across the street from the
resident
main UI campus as illustrated on the Regulating Plan, Fig.2G-1, the park-
ing requirement is 0.25 per resident.
Independent Group
All subdistricts where said
0.50 space per resident. If the use is located within the University
0.50 spaces per
Living
uses are allowed.
Subdistrict or on property directly abutting or across the street from the
resident
main UI campus as illustrated on the Regulating Plan, Fig.2G-1, the park-
ing requirement is 0.25 per resident.
Non -Residential Uses
South Down -town, University
None Required
1/1500 square feet
of floor area
Park, South Gilbert, Central
1 space per 500 square feet of floor area. On -street parking provided
1/1500 square feet
Crossings, Gilbert, West
along the frontage of a property may 'count toward this parking require-
of floor area
Riverfront
ment. Buildings with less than 1200 square feet of non-residential floor
area are exempt from this parking requirement.
and 2.5 spaces per dwelling unit for 3 -bedroom units.
O. Amend 14 -5A -4F, regulating alternatives to minimum off-street parking
requirements, to do the following:
1. Include the Riverfront Crossings in the regulations on off-site parking
on private property;
2. Amend 14 -5A -4F(4) to state the following: Parking Exemption in the
Central Business Zones and the Riverfront Crossings District: In the
CB -5 Zone, CB -10 Zone, or property zoned Riverfront Crossings, a
minor modification may be granted as specified in Section 14-48-1
exempting up to 30 percent of the total number of dwelling units con-
tained in a building from the minimum parking requirements, provided
that those dwelling units are committed to the City's assisted housing
program or any other affordable housing program approved, by the
City.
3. Add the following regarding the Downtown and Riverfront Crossings
Parking District: For qualifying development as set forth below, the
number of required on-site parking spaces may be reduced in order to
facilitate said development according to the provisions of this subsec-
tion.
a. Qualifying Development To qualify for a parking reduction under this
subsection, the proposed development:
(1) Must be located in the Downtown and Riverfront Crossings Parking
District;
(2) Must not result in the demolition of a property that is designated as
an Iowa City Landmark, registered on the National Register of
Historic Places, or individually eligible for the National Register of
Historic Places; and (3) Must qualify for bonus height, bonus floor
area, or other development assistance or financial incentive from the
City for including uses, elements or features that further housing,
economic development, or other goals of the Comprehensive Plan,
including the Downtown and Riverfront Crossings Master Plan.
b. Parking District Boundaries Properties described below shall be con-
sidered part of the Downtown and Riverfront Crossings Parking
District:
(1) Properties located within the area bounded by Burlington Street on
the south, Van Buren Street on the east, Iowa Avenue on the north,
and Capitol Street on the west. For purposes of this subsection, this
area shall be referred to as the Central Business District; and (2)
Properties zoned South Downtown Subdistrict (RFC -SD), University
Subdistrict (RFC -U), and Central Crossings Subdistrict (RFC -CX) that
are located north of the Iowa -Interstate Rail Line.
c. Reduction of the on-site parking requirement (1) For qualifying devel-
opment, the off-street parking requirement may be reduced by up to
50%, provided a fee is paid in lieu based on the number of parking
spaces that would otherwise have to be provided. (2) For qualifying
development where it is infeasible to provide at least 50% of the
required parking on-site due to specific qualifying site constraints as
noted below, a developer may request a special exception to reduce
the parking requirement by up to 100%, provided a fee is paid in lieu
of each parking space not provided on-site and the following review
and approval criteria are met. The Board of Adjustment will review
such a request according to the following approval criteria: (a)
Convincing evidence has been presented that it is not feasible to pro-
vide at least 50% of the required residential parking on-site due to a
lack of alley access, a lot width narrower than 60 feet, a lot orientation
that makes it infeasible to provide on-site parking and meet storefront
depth requirements of the zone, or other unique circumstance; and (b)
The proposed project will be designed in a manner that is sensitive and
complementary to adjacent properties designated as Iowa City
Landmarks, registered on the National Register of Historic Places, or
individually eligible for the National Register of Historic Places. See
14 -3C -3C, Design Review Guidelines for guidance on the factors to be
considered to comply with this standard. This standard is not intended
to impose any particular architectural style, but rather to foster a har-
monious rhythm and proportion of building elements .along a street
frontage and ensure that differences in mass and scale are mitigated
through fagade articulation and upper story stepbacks; and (c) The
proposed project will be designed in a manner that will contribute to
the pedestrian -oriented, urban character of central Iowa City as envi-
sioned in the Downtown and Riverfront Crossings Master Plan.
d. Payment of fee in lieu of required parking
(1) Where the City has allowed up to a 50% reduction in the parking
requirement, the developer shall pay a fee for each space otherwise
required in the amount of 75% of the estimated cost of constructing a
structured parking space.
(2) Where a special exception has been granted reducing the parking
requirement by more than 50%, the developer shall pay a fee in lieu of
the provision of each space otherwise required in the amount of 90% of
the estimated cost of constructing a structured parking space.
(3) The estimated cost of a structured parking space is $24,000 in 2013
dollars. This fee shall be adjusted annually based on the national his-
torical cost indexes contained in the most recent edition of
Engineering News Record, as amended. In the event the national
historical cost index is negative in any edition, the fee shall remain at
the amount previously set under this paragraph.
(4) The City shall calculate and assess the entire fee upon issuance of
a building permit. The fee payor may pay the entire fee at the issu-
ance of the building permit, or may elect to pay the fee in 3 equal
annual installments, the first of which shall be due and collected at
the issuance of the building permit. If the fee payor elects to pay the
fee in 3 annual installments, the fee payor shall execute an agreement
with the City before the City issues a building permit, which agree-
ment sets forth the timing and amounts of the remaining installments
to be paid and also sets forth that, upon confirmation by the Iowa
City Finance Department that the fee payor has defaulted on an
installment payment, the City Clerk shall certify the outstanding fee
balance to the Johnson County Assessor as a lien upon the premises
for which the building permit was issued. Said lien will not preclude
the City from pursuing recovery of the fee by other legal or equitable
remedies.
(5) All fees paid shall be deposited in the Downtown and Riverfront
Crossings Parking District Restricted Fund, as set forth in this sub-
section. Monies held in the Restricted Fund, including any accrued
interest, shall be used for the purpose of acquiring land for and
constructing public parking facilities located in the Downtown and
Riverfront Crossings Parking District;
(6) In the event that bonds or similar debt instruments are issued for
the acquisition or construction of the aforementioned property, infra-
structure or facilities within the parking district, monies held in the
Restricted Fund may be used to pay debt service on such bonds or
similar debt instruments.
4. Amend 15 -5A -4F(5) regarding Parking Reduction for Other Unique
Circumstances to state: Where it can be demonstrated that a specific
use has unique characteristics such that the number of parking or
stacking spaces required is excessive or will reduce the ability to use
or occupy a historic property in a manner that will preserve or protect
its historic, aesthetic, or cultural attributes, the Board of Adjustment
may grant a special exception to reduce the number of required park-
ing or stacking spaces by up to 50 percent (up to 100 percent for
properties designated as a local historic landmark, listed on the
National Register of Historic Places, or listed as key or contributing
structures in a historic district or conservation district overlay zone).
5. Add the following regarding Parking Reduction for Liner Buildings For
Liner Buildings constructed to mask a municipal parking facility, the
private off-street parking requirement may be reduced by up to 100%
if parking for uses located within the liner building is provided within
the associated public parking facility. Monthly permits shall be made
available for purchase to residents, businesses, or other tenants
located within the Liner Building, but specific parking spaces within the
associated parking structure may or may not be designated for use by
said permit holders, at the discretion of the City. Compensation for
construction of said parking shall be made to the City with the amount
and terms of said compensation determined through an agreement
with the City, which shall be executed prior to issuance of an occu-
pancy permit for the subject liner building.
6. Add the following regarding an Allowance for Scooter or Motorcycle
Parking Up to 10% of the parking spaces required for a use may be
reconfigured to accommodate motorized scooters or motorcycles.
Conversion of a minimum of two abutting standard parking spaces (an
area equal to 18'x18') is required to ensure adequate access and
vehicular movement for up to 6 scooter/motorcycle spaces. Design of
the scooter/motorcycle parking shall be approved by the City. This
provision shall not increase or decrease the allowed occupancy or
residential density of the uses on the property, i.e. each required
vehicular space converted to scooter/motorcycle spaces shall still be
counted as 1 required parking space.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Furthermore, Title 14 Zoning Code, Chapter 7, Article B, the Near
Southside Neighborhood Parking Facility District Impact Fee Ordinance is
hereby repealed. Any and all fees collected pursuant to 14-713 prior to this
repeal shall be retained and administered by the City according to the
terms of said Article as if this ordinance had not been repealed.
SECTION III, SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IVV, EFFECTIVE DATE, This Ordinance shall be in effect after its
final passage, approval and publication, as provided by law.
Pc -6000036330 June 13, 2014
`� C�' VA N�
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4587, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 13, 2014.
Dated at Iowa City, Iowa, this 14th day of July 2014.
J K. Voparil
Deputy City Clerk
Printer'. Pee $12S:�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, may that I an
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper,,., L
time(s), on the following date(#):
f1 / t! T —
Legal Clerk
Subscribed and sworn to
bef re me this I day f
A.D. 201--4- -
Notary Public
RACHEL SHA -IA
tiV16Ms CcrftmissUM Number 781M
$ 1 1Expires
4Ml'
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4587
AN ORDINANCE AMENDING
TITLE 14: ZONING, ARTICLE 4C,
ACCESSORY USES AND
BUILDINGS, TO ADDRESS
DIFFERENCES IN THE
REGULATION OF ACCESSORY
USES IN THE RIVERFRONT
CROSSINGS ZONES AND
AMENDING THE SPECIAL
EXCEPTION CRITERIA FOR
DRIVE-THROUGHS.
WHEREAS, the adopted 2013
Downtown and Riverfront
Crossings Master Plan (2013 Plan)
provides a vision, goals and objec-
tives encouraging pedestrian -ori-
ented, mixed-use redevelopment in
the Riverfront Crossings District;
and
WHEREAS, because the form -
based code will be incorporated
into the existing Zoning Code, it is
necessary to amend other articles
and sections of the Zoning Code to
ensure consistency and clarity
regarding which generally -applica-
ble zoning standards apply in the
Riverfront Crossings Zones; and
WHEREAS, in some cases acces-
sory used are regulated differently
in the Riverfront Crossings form -
based development standards so
the language in the Article 14-4C,
Accessory Uses, must be clarified
to take these differences into
account; and
WHEREAS, the regulations related
to uncovered decks and patios,
fences, walls, hedges, and drive-
through facilities must be amended
—to cross reference and clarify how
these elements are regulated in the
Riverfront Crossings Zones; and
WHEREAS, it is in the best inter-
ests of the City to ensure that
drive-through facilities are carefully
considered by the Board of
Adjustment as they relate to the
surrounding neighborhood in which
the are established, particularly as
these facilities relate to pedestrian -
oriented urban districts and adja-
cent residential neighborhoods;
and
WHEREAS, the Planning and
Zoning Commission has recom-
mended approval of these amend-
ments to the zoning code.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION 1. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follow:
A. Delete subsection 14 -4C -2J,
Decks and Patios, Uncovered, and
substitute in lieu thereof:
A. Decks and Patios, Uncovered
1. In Residential Zones:
a. Uncovered patios and decks
constructed 2 feet or less above
grade must be set back at least
10 feet from any front or street -
side lot line and set back at 2
feet from any alley right-of-way.
No side setback is required.
b. Uncovered patios and decks
constructed more than 2 feet
above grade must be set back
at least 10 feet from any front or
street -side lot line, at least 5 feet
from any side lot line, and at
least 2 feet from any alley right-
of-way.
2. In Riverfront Crossings Zones:
a. Decks are not allowed in pri-
vate frontage areas, as defined
in Section 14 -2G -7A,
Streetscape and Frontage Area
Improvements.
b. Patios are not allowed in pri-
vate frontage areas unless
expressly permitted according
to the standards for the appli-
cable Frontage Type, as speci-
fied in Section 14-2G-4.
c. Uncovered patios and decks
constructed 2 feet or less above
grade must be set back at least
2 feet from any alley right-of-
way. No side setback is required.
d. Uncovered patios and decks
constructed more than 2 feet
above grade must be set back
at least 5 feet from any side lot
line and at least 2 feet from any
alley right-of-way.
3. In all other zones:
a. Uncovered patios and decks
must be set back at least 10 feet
from any front or street -side lot
line and set back at least 2 feet
from any alley right-of-way. No
side setback is required.
b. Decks and patios in any zone
where there is no front setback
requirement for principal build-
ings are exempt from the front
setback requirement in subpara-
graph a. above.
B. Delete paragraph 14 -4C -2L-2,
provisions related to location and
height requirements for fences,
walls, and hedges, and substitute
in lieu thereof:
2. Location and Height
Requirements. All fences, walls and
hedges located within a principal
building front, side or rear setback
area or within 5 feet of a lot line, are
subject to the following location
and height requirements.
a. Except as otherwise allowed or
required in Article 14-2G,
Riverfront Crossings Form -
based Development Standards,
no portion of a fence or wall
more than 10 percent solid shall
exceed eight feet in height. The
solidity is the percent of the
fence over a random area which
is made up of solid, opaque
material, and which does not
allow light or air to pass through.
Retaining walls are exempt from
the provisions of -the subpara-
graph.
b. Fences, walls and hedges must
be set back at least 2 feet from
any alley or street right-of-way
line.
c. On corner lots, fences, walls
and hedges over 2 feet in height
must comply with the provisions
of Article 14-513, Intersection
Visibility Standards.
d. Fences and walls the exceed 4
feet in height are not permitted
in the principal building, front
setback area on properties
zoned Residential or on proper-
ties located within 50 feet of any
property along the same front-
age that is zoned Residential.
However, this height limit is
increased to 6 feet for lots with
frontages along ,an expressway
or an arterial street, provided
that the lot is a double frontage
lot or a reversed corner lot.
Retaining walls are exempt from
the provisions of this subpara-
graph.
e. In Riverfront Crossings Zones,
fences and walls located within
private frontage areas are strict-
ly regulated and, if allowed,
must comply with the applicable
Frontage Type standards as
specified in 14-2G.
C. Amend Table 4C-1: Drive -
Through Facilities, by deleting the
row labeled "CI -1, CC -2, and CB -2
Zones," and substituting in lieu
thereof:
Zone
CI -1, CC -2, CB -2, and
Riverfront Crossings Zones
Drive -Through
Facilities Allowed
Permitted by special exception.
Limitations apply in the
Riverfront Crossings Zones, as
specified below.
Additional Requirements
Special exception required. See
additional approval criteria list-
ed below.
D. Delete paragraph 14 -4C -2K-2,
Special Exception Approval Criteria
for drive-through facilities, and
substitute in lieu thereof:
2. Riverfront Crossings Zones
-limitations and restrictions
a. In all Riverfront Crossings sub -
districts, except for the West
Riverfront and South Gilbert
subdistricts, drive-throughs are
limited to facilities that are
accessory to financial institu-
tions and pharmacies.
b. In the South Gilbert subdistrict,
drive-through facilities are not
allowed along frontacJes desig-
nated as required retail store-
fronts or required Ralston Creek
frontages, or along the required
pedestrian streets that extend
east -west through the block to
provide a connections to the
riverfront park , all as Illustrated
in Figure 2G-1, Riverfront
Crossings Regulating Plan.
Otherwise, drive-through facili-
ties are allowed by special
exception for any use allowed in
the subdistrict.
c. In the West Riverfront subdis-
trict, drive-through facilities are
allowed by special exception for
any use allowed in the subdis-
trict according to the provisions
set forth in this section.
d. Principal buildings to which a
drive-through is accessory must
comply with all standards of the
applicable Riverfront Crossings
subdistrict as specified in Article
14-2G, unless a minor adjust-
ment is approved by the "FBC
Committee according to the
provisions in Subsection 14 -2G -
7H, Minor Adjustments.
E. Add a new paragraph 14 -4C -
2K -3, as follows:
3. Special exception approval
criteria
a. Access and Circulation The
transportation system should be
capable of safely supporting the
proposed drive-through use in
addition to the existing uses in the
area. Evaluation factors include
street capacity and level of service,
effects on traffic circulation, access
requirements, separation of curb
cuts, and pedestrian safety in addi-
tion to the following criteria.
(1) Wherever possible and practi-
cal, drive-through lanes shall be
accessed from secondary
streets, alleys, or shared cross
access drives. If the applicant
can demonstrate that access
from a secondary street, alley, or
shared cross access drive is not
possible, the Board may grant
access to a primary street, but
may impose conditions such as
limiting the width of the curb cut
and drive, limiting the number of
(1) To promote compatibility with
lanes, requiring the drive-
surrounding development, the
through bays and stacking lanes
number of drive-through lanes
to be enclosed within the build-
should be limited such that the
ing envelope, and similar condi-
amount of paving and stacking
tions.
space does not diminish the
(2) To provide for safe pedestrian
design quality of the streetscape
movement, the number and
or the safety of the pedestrian
width of curb cuts serving the
environment.
use may be limited. A proposal
(2) Drive-through lanes, bays, and
for a new curb cut on any street
stacking spaces shall be
is subject to the standards and
screened from views from the
restrictions in Article 14-5C,
street and adjacent properties to
Access Management Standards.
the S2 standard. If the drive -
(3) An adequate number of stack-
through is located adjacent to a
ing spaces must be provided to
residential use or property
ensure traffic safety is not com-
zoned residential, it must be
promised. A minimum of 6
screened from view of these
stacking spaces is recommend-
properties to at least the S3
ed for drive-through facilities
standard. To preserve the
associated with eating estab-
pedestrian -oriented character of
lishments and a minimum of four
streets in the CB -2 Zone and the
stacking spaces for banking,
Riverfront Crossings District, the
pharmacies, and similar non-
Board may require the drive -
food related drive-through facili-
through to be incorporated with -
ties. Stacking spaces shall be
in the building or be screened
defined as being 20 feet in
with masonry street walls and .
length and the width of a one-
landscaping. Street walls shall
Jane, one-way drive. The Board
be a minimum of 5 feet in height
may reduce the recommended
and shall be designed to com-
number of stacking spaces if the
plement the principal building
applicant can demonstrate that
oh the site.
(3) Multiple windows servicing a
the specific business has unique
characteristics such that the
single stacking lane (e.g. order
recommended number of park-
board, payment window, pick-
ing spaces is excessive (i.e. a
up window) should be consid-
ered to reduce the amount of
drive-through that is to be used
for pick-up only and not order-
idling on the site.
ing)
(4) Stacking spaces, driveways,
(4) Sufficient on-site signage and
and drive-through windows shall
be located to minimize potential
pavement markings shall be
provided to indicate direction of
for vehicular and pedestrian
vehicular travel, pedestrian
conflicts and shall be integrated
crossings, stop signs, no
into the surrounding landscape
and streetscape design of the
entrance areas, and other con-
trols to ensure safe vehicular
neighborhood in which it is
and pedestrian movement.
located.
(5) Lighting for the drive-through
b. Location
(1) In the CB -2 Zone and in all
facility must comply with the
subdistricts of the Riverfront
outdoor lighting standards set
Crossings District located east
forth in Article 14-5G and must
be designed to prevent light
of the Iowa River, drive-through
lanes and service windows must
trespass and glare onto neigh -
be located on a non-street-fac-
boring residential properties.
ing fagade. In all other locations
(6) All sign age for the drive -
where drive-throughs are
through must meet the sign
allowed, this location standard
standards in Article 14-58.
must be met, unless the appli-
(7) Loudspeakers or intercom sys-
cant can demonstrate that a
tems, if allowed, should be
street -facing location is prefera-
located and directed to minimize
ble for the overall safety and
disturbance to adjacent uses.
efficiency of the site, does not
Special consideration should be
conflict with adjacent uses or
given to locations adjacent to
residential uses to ensure such
pedestrian access, and does not
compromise the character of the
systems do not diminish the
streetscape or neighborhood in
residential character of the
which it is located.
(2) Drive-through lanes must be
neighborhood.
SECTION II. REPEALER. All ordi-
set back at least ten feet(10')
nances and parts of ordinances in
from adjacent lot lines and pub-
conflict with the provisions of this
lic rights of way and screened
Ordinance are hereby repealed.
from view according to the
SECTION III. SEVERABILITY. If
design standards below.
any section, provision or part of the
c. Design Standards
Ordinance shall be adjudged to be
The number of drive-through
invalid or unconstitutional, such
lanes, stacking spaces, and paved
adjudication shall not affect the
validity of the Ordinance as a whole
area necessary for the drive
through facility will not be detri-
or any section, provision or part
mental to adjacent residential prop-
thereof not adjudged invalid or
erties or detract from or unduly
unconstitutional.
interrupt pedestrian circulation or
the commercial character of the
area in which the use it is located.
The Board of Adjustment may
increase or reduce these standards
according to the circumstances
affectinq the site.
}
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 3rd day
of June, 2014
s/Matthew J. Hayek
Attest: s/Marian K. Karr, City Clerk
PC.8000038282 June 13, 2014
'®k%
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 3S6-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4588, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June,
2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 13, 2014.
Dated at Iowa City, Iowa, this 14th day of July 2014.
Voparil
Deputy City Clerk
-\► in le,
Printer's Fee $ Sa -1 I
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUN'ITY, SS,
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
19
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _.I__..
time(s), on the following date(#):
�f13 I�
L 4�
Legal Clerk
Subscribed and sworn to
before me this _ day of
.D. 20�•
Notary Public
At RACHEL SHALLA
_
WT. Commission Number 781715
My Commission Expires
12/06/2016
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 14-4588
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE STOREFRONT SIGNAGE TYPES AND
SIZES ALLOWED IN COMMERCIAL ZONES AND TO REGULATE TEMPORARY WINDOW SIGNS
WHEREAS, it is the purpose of the Zoning Code sign regulations to enhance and protect the physical appearance
and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic and
scenic beauty. These regulations are also intended to reduce distractions and obstructions contributing to traffic
accidents, reduce hazards caused by signs projecting over the public right of way, provide a reasonable opportu-
nity for all sign users to display signs without interference from other signage, to provide fair and equitable treat-
ment for all sign users and to establish a reasonable period of time for the elimination of nonconforming signs.
WHEREAS, current sign regulations regarding projecting signs and canopy roof signs have proven to be overly
burdensome and stifled creative design; and
WHEREAS, it is reasonable and consistent with the purpose of the sign regulations to allow limited illumination
of projecting signs, allow a moderate increase in the size thereof, and allow such signs in all commercial zones;
and
WHEREAS, it is reasonable to allow canopy roof signs in all commercial zones, subject to certain limitations
regarding the size, location and illumination; and
WHEREAS, the current sign regulations do not address temporary signs placed in required storefront windows
leading to a proliferation of temporary signage completely blocking views through such windows and the installa-
tion of permanently -affixed window films in a manner that creates a safety hazard for first responders and visual
blight; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and
recommend approval.
WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Delete definition of "Storefront' in Article 14-9A and substitute in lieu thereof:
STOREFRONT. The ground level frontage of a building in which there is located a single business directly behind
the frontage. A.building may have more than one storefront. The length of the storefront, is measured from the
outside edge of the exterior walls,of the building, or if there are multiple storefronts located in a single building,
from the centerline of the wall that separates the business from another business, public area, or other area not
occupied by the subject business. Narrow storefronts are those that are less than or equal to 40 feet in width.
Medium storefronts are those that are greater than 40 feet and less than or equal to 60 feet in width. Wide store-
fronts are those greater than 60 feet in width.
B. Delete Subsection 14-56-46, Minimum Clearance Height, and substitute in lieu thereof:
B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on
the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For
storefront projecting signs and canopy signs, the minimum clearance height is 8 feet. Minimum clearance height
is 10 feet for entrance way signs across driveways and 8 feet for entrance way signs across walkways.
C. Delete the definitions of "Temporary Sign" and "Window Sign" in Article 14-9C, Sign Definitions, and substitute
in lieu thereof:
TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, political sign, or signs in
windows, such as posters or temporary painted signs. Temporary signs are constructed of temporary materials,
such as paper, cardboard, wallboard or plywood, with or without a structural frame, and are intended for a tem-
porary period of display. Banners are not considered temporary signs.
WINDOW SIGN: A sign affixed to a window, embedded in a window, or hanging adjacent to a window and obvi-
ously intended to be viewed by the public through the window. This type of sign is designed to be more permanent
in nature and is intended to be displayed for an extended and indeterminate period of time. This definition does
not include merchandise or product displays, posters, temporary signs painted on windows or other temporary
signs.
D. Amend Table 5B-6, Sign Specifications and Provisions for Non -Permanent, Off -Premise, and Other Special
Signs, by deleting the row that addresses "Signs in windows" and "Temporary Signs (other than real estate signs)"
and substitute in lieu thereof:
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
No permit is required.
Posters and other non -permanent
signs in windows are allowed, but may
only be displayed for a temporary
Temporary signs
period of time, not to exceed 60 days.
in windows
If located in or on required storefront
windows, window signs shall be
displayed in a manner that does not
block views Into the interior of the
storefront.
Temporary Signs
(other than real
12 sq. ft. per face.
No permit is required. One non -
estate signs and
May be double-faced
loft
illuminated sign per lot is allowed. j
temporary signs
for total of 24 sq, ft.
Signs shall not be displayed for more
in window)
than 60 days.
Lk - anxiy�
Q
-------------
E. Amend Table 5B-2, Sign Specifications and Provisions in the CO -1, CN -1, and MU Zones; and Table 58-3, Sign
Specifications and Provisions in the CH -1, CC -2, and CI -1 Zones by inserting the following:
Permitted
Signs
Maximum Sign Area
Maximum
Height
Provisions
Narrow Storefronts:
Nro
N
Up to one canopy roof sign is allowed per storefront. The
bottom edge of the sign must be located no more than 4
ft.
inches above the canopy.
Medium Storefronts:
For Narrow Storefronts:
Maximum height of copy: 13"
Canopy
25 sq. ft.
Top of first
Maximum thickness: 6"
Roof
Si
Signs
g
Wide Storefronts:
t
story
For Medium Storefronts:
Maximum height of copy: 20"
35 sq.
-
Maximum thickness: 8"
of
n of
(See definition
For Wide storefronts:
• Maximum height of copy: 30"
Storefront inn
• Maximum thickness: 10"
12 sq. ft. per sign,
Top edge of the
• Each storefront is allowed up to a total of three (3) signs
Canopy Signs
except as set forth
in
first story canopy
from the following sign types provided there is a minimum of
provisions
20ft. between projecting signs and under -mounted canopy
signs along any frontage: Canopy signs, Awning signs, and
Projecting signs.
• A projecting sign may not project more than 4ft. from the
building wall.
• The size of a 1st story `projecting sign may be increased
up to 18 sq. It (may be double faced for a total area of 36
sq. ft.) if the sign and storefront meet the following criteria
Top of the
The floor to ceiling height of the ground level floor is a mini -
1 st story,
mum of 18ft. and the sign is vertically proportioned.
unless
• Illumination is not permitted, except as follows:
Storefront
12 sq. ft.
May be double
approved as
External illumination is permitted provided there are no
more than two small spot lights of no more than 2,000
Projecting
faced fora total of
a 2nd story
lumens shining directly on the sign and provided they
signs
24 sq. ft.
projecting
sign accord-
meet the Light trespass Standards in Article 14-4G.
ing to the
Halo back -lit illumination may be permitted subject to
approval by Design Review and to the illumination provi-
provisions.
sion for 2nd story signs delineated below.
ns
Window signs
g
25% of window area
• If the sign is for a Hospitality -Oriented Retail Use or an
indoor theater or bowling alley, the sign may be placed on
the 2nd story facade of a building subject to approval by
Design Review. Illumination for a 2nd story sign will not be
permitted if there are existing residential uses on the second
floor of the building.
• The sign must be affixed to the building so that the sign is
perpendicular to the building wall.
• The sign may not swing or be easily moved by wind.
• Storefront Projecting Signs are subject to Design Review.
F. Amend Table 513-2, Sign Specifications and Provisions in the CO -1, CN -1, and MU Zones; Table 56-3, Sign
Specifications and Provisions in the CH -1, CC -2, and CI -1 Zones; and Table 5B-4, Sign Specifications and
Provisions in the CB -2, CB -5, and CB -10 Zones, by deleting the row pertaining to "Canopy Signs", "Awning Signs"
and "Window Sions" and substitutina in lieu thereof:
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
• Each storefront is allowed up to a total of
three (3) signs from the following sign types
provided there is a minimum of 20ft. between
projecting signs and under -mounted canopy
signs along any frontage: Canopy signs,
Awning signs, and Projecting signs.
• Signs mounted under a canopy may not
project beyond the outer edge of the canopy.
• Signs mounted on the face of the canopy
12 sq. ft. per sign,
Top edge of the
may not project beyond the face of the
Canopy Signs
except as set forth
in
first story canopy
canopy by more than 6 inches and must not
extend above or below the top and bottom
provisions
edges of the canopy.
• The size of a canopy sign may be increased
up to 18 sq. ft. (may be double faced for a
total area of 36 sq. ft.) if the sign and
storefront meet the following criteria: The
floor to ceiling height of the ground level floor
is a minimum of 18 ft., the sign is mounted to
the underside of the canopy and the sign is
vertically proportioned.
Each storefront is allowdd up to a total of
three (3) signs from the following sign types
Awning signs
25% of awning
Top edge of first
provided there is a minimum of 20ft. between
Projecting signs and under -mounted canopy
surface
story awning
signs along any frontage: Canopy signs,
Awning signs, and Projecting signs. Awning
signs are only allowed on first story awnings.
If located on or in required storefront
windows, window signs shall be displayed or
ns
Window signs
g
25% of window area
affixed in a manner !hat does not block views
into the interior of the storefront.
G. Amend Table 5B-4, Sign Specifications and Provisions in the CB -2, CB -5, and CB -10 Zones, by deleting the
row Dertaining to "Canopv Roof Signs" and "Storefront Projecting Signs" and substituting in lieu thereof:
Permitted Signs
Maximum Sign Area
Maximum Height
Provisions
Up to one canopy roof sign is allowed per
storefront. The bottom edge of the sign must be
NNarrow Storefronts:
N ro
located no more than 4 inches above the cano-
ft.
py
Medium Storefronts:
For Narrow Storefronts:
Maximum height of copy: 13"
Canopy roof
25 sq. ft.
Top of first story
: Maximum thickness: 6"
sign?
9
Wide Storefronts:
For Medium Storefronts:
. Maximum height of copy: 20"
35 sq. ft.•
Maximum thickness: 8",
(See definition of
For Wide storefronts:
Storefront in 14-9A)
• Maximum height of copy: 30"
• Maximum thickness: 10"
• Each storefront is allowed up to a total of
three (3) signs from the following sign types pro-
vided there is a minimum of 20ft. between pro-
jecting signs and under -mounted canopy signs
along any frontage: Canopy signs, Awning
signs, and Projecting signs.
• A projecting sign may not project more than
4ft. from the building wall.
• The size of a 1 at story projecting sign may be
increased up to 18 sq. ft (may be double faced
for a total area of 36 sq. ft.) if the sign and
storefront meet the following criteria: The floor
to ceiling height of the ground level floor is a
minimum of 18 ft. and the sign is vertically pro-
portioned.
• Illumination is not permitted, except as fol -
Top of the first
lows:
- External illumination is permitted provided
Storefront
12 sq. ft.
May be double
story, unless
approved as a
there are no more than two smalt spot lights
of no more than 2,000 lumens shining direct -
Projecting
Signs
faced fora total of
2nd storypro-
jetting sign
ly on the sign and provided they meet the
14-4G.
24 sq. ft.
according to the
Light trespass Standards in Article
- Halo back -lit illumination may be permitted
provisions.
subject to approval by Design Review and to
the illumination provision for 2nd story signs
delineated below.
• If the sign is for a Hospitality -Oriented Retail
Use or an indoor theater or bowling alley, the
sign may be placed on the 2nd story facade of
a building subject to approval by Design
Review. Illumination for a 2nd story sign will not
be permitted if there are existing residential
uses on the second floor of the building.
• The sign must be affixed to the building so
that the sign is perpendicular to the building
wall.
• The sign may not swing or be easily moved by
wind .
• Storefront Projecting Signs are subject to
Design Review.
SECTION II, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi-
sion or part thereof not adjudged invalid or unconstitutional.
SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication,
as provided by law.
Passed and approved this 3rd day of June, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pc-00000MM
June 13, 2014
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4585, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June,
2014, all as the same appears of record in my office and re -published in the Iowa City Press -
Citizen on June 14, 2014.
Dated at Iowa City, Iowa, this 14th day of July 2014.
Ju K. Voparil J
Deputy City Clerk
V io �•. L. `��• ; ur 3
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
vW�+
ORDINANCE NO 14-4666
REZONING ORDINANCE TO
Historic Preservation
Commission to recommend
Block 34, Lots 5-7 and Lot 8
excluding the north 55' of the
Printer's Fee 1WM
and the. City Council to
east 50% Block 35, Lots 1-4
DESIGNATE THE
GOOSETOWN/HORACE
designate conservation
and 6; Block 36, Lots 3-6 and
MANN CONSERVATION
districts, where deemed
the east 60' allot 1; Block 37,
CERTIFICATE OF PUBLICATION
DISTRICT AS A
appropriate, as a means of
the north 75' allots 3 and 4, and
CONSERVATION DISTRICT
preserving the neighborhood
the north 37.5' of Lots 1 and 2;
STATE OF IOWA,
OVERLAY (OCD) ZONE.
character of traditional Iowa
City
Block 48, Lot 2, the north 115'
(REZ14-00004)
neighborhoods, or for
of Lot 1, and Lot 3 excluding
preserving, areas that exemplify
the west 15' of the south 40%
SS.
WHEREAS, the applicant, the
unique or distinctive
Block 49, Lots 6-8; Block 50,
JOHNSON CO[INI7r,
Iowa City Historic Preservation
development patterns; and
Lots 1-3; Block 52, Lots 5-8;
Commission, has requested
WHEREAS, the Historic
Block 53, Lots 6-8; Block 54,
approval of a rezoning to
Preservation Commission
Lots 1, 2 and 8, and the east
THE IOWA CITY PRESS -CITIZEN
designate the Gocsetown/
believes that the designation of
50' of Lot 3
Horace Mann Conservation
the Goosetown/Horace Mann
pED.ID#42-0330670
District Overlay (OCD) zone for
Conservation District will help
SECTION II ZONING (�np
The Building Inspector is
properties generally located on
Ronald/, Church, Fairchild and
stabilize the neighborhoods
located withinthe district
hereby authorized and directed
I, ��
Davenport Streets from east of
ea
bouradary- _byyproviding for
to change the zoning map of
the City Iowa City, Iowa,
Linn Street to Governor Street
design review of exterior
of to
including properties on Gilbert,
changes, building demolition,
_.conform to this amendment
being duly sworn, say that I am
Van Buren, Johnson, Dodge
g
and new construction, which
upon the final passage,
approval and this
Lucas and governor Streets,
Will assure compatibility with
publication of
the legal clerk of the IOWA CITY
and properties generally,
the existing character of the
ordinance b law.
PRESS -CITIZEN, a newspaper
located on Bloomington,
Marketf and Jefferson Streets
district, and will preserve the
neighborhood for future
SECTION III. GLRT
IFIGATION
AND RECORDING. Upon
in said county, and
between Dodge and Governor-
Streets
residents of Iowa City; and
passage and approval of the
Ordinance, the City Clerk is
published
including properties on
WHEREAS, the Planning and
copy of
Dodge, Lucas and Governor
g
Zoning'Commission believes
hereby authorized and directed
that a notice, a printed
Streets; and
that designating the
to certify a copy of this
which is hereto attaehed,W"
WHEREAS, the
Goosetown/Horace Mann
ordinance and to record the
Comprehensive Plan
Conservation District is in
same, at the office of the
published in Haid paper �.,
encourages the preservation of
-accordance with the
County Recorder of Johnson
County,
time(/), on the following date(a %
the integrity of existing
neighborhoods and the historic
Comprehensive Plan and the
Zoning Code and has
Iowa, at the owner's
expense, all as provided by
nature of older neighborhoods;
recommended approval of the
law.SECTION
and
designation.
IV. R P a R All
WHEREAS, the Iowa City
NOW, THEREFORE, BE IT
rdinances and
oparts of
Historic Preservation Plan
ORDAINED BY THE CITY
ordinances in conflict with the
encourages the protection and
COUNCIL OF THE CITY OF
provisions of this Ordinance are
maintenance of Iowa City's
IOWA CITY, IOWA: I
hereby repealed.
historic resources and the
SECTION I APPROVAL,
SECTION V. SEVERABILITY. If
designation of the Goosetown
Property described below is
any section, provision or part of
Le al Clerk
Lagal
neighborhood as a local
hereby designated as a
the Ordinance shall be
district; and
Conservation District Overlay
adjudged to be invalid or
WHEREAS, the Central
(OCD) Zone, to be known as
unconstitutional, such
Subscribed and sworn to
District Plan -encourages
the Goosetown/Horace Mann
adjudication shall not affect the
reinvestment in residential
Conservation District:
validity of the Ordinance as a
b re me this �Y °f
ZQ.
properties and support of the
Iowa City Historic Preservation
LEGAL DESCRIPTION
whole or any section, provision
or part thereof not adjudged
Plan; and
All of Blocks 6, 8, 15, 16, 17,
invalid or unconstitutional.
WHEREAS, the City's
18, 29, and 51 in the Original
SECTION VI. EFFECTIVE
Strategic Plan contains the
Town Subdivision of Iowa City,
shall! be
Or its
goal of maintaining healthy
J6hnson County, Iowa, and
'p� t after final
neighborhoods; and
Block 5, Lots 1-7; Block 7, Lots
approval and publication, as
Notary Public
WHEREAS, the establishment
2-7 and the south 62.7' of Lot
provided by law.
of a local conservation district
8; Block 9, Lots 2-7; Block 10,
Passed and approved this 3rd
would further aid the City's
'of
Lots 5-8; Block 14, Lots 5-8;
day of June, 2014.
RACIOLMULA
cawrodon Nuftw78"
policies preserving the
historic building stock; and
Block 19, Lots 2-3, the north
50' allot 4, and the north 65' of
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
LV� ExpflN
WHEREAS, the Iowa City
Lot 1; Block 28, Lots 1-4; Block
Clerk
•
Municipal Code authorizes the
31, the south 95' of Lot 5;
4r1
rca000aaeaee June 14, 2014
1 r i
Ll
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4589, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
June, 2014, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 26, 2014.
Dated at Iowa City, Iowa, this 16th day of July 2014. ,\
V
Ju . Voparil
Deputy City Clerk
�.r
Print r se ' Fee 5L01L--n
CSRTIFICATS OF pLMLICATION
STATS OF IOWAf
jOHNSON COUNTY, SS:
THS IOWA CM p1tRss-CTTIZHN
FSD.ID#42-0330670
If 0. C{t.b�
being duly sworn, ay that I am
the legal clerk of the IOWA CITY
PRSSS-CMZPN, a newspapm'
published in raid county, and
that a notice, a printed copy of
which is hereto attached, was
published in aid paper _1..-
61111*e0), on the following date(s):
_� rJ
Legal Clerk
Subscribed and sworn to
be
'forg me this �.i I...._ day of
v D. 20.•
Notary Public
P�a,AL�1V RAMM SSM"
Cwwr is lm Number 781715
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4589
ORDINANCE AMENDING TITLE
14, ENTITLED "ZONING,'
CHAPTER 6, ENTITLED,
"AIRPORT ZONING," TO
PROVIDE THAT A STRUCTURE
MAY PENETRATE THE
HORIZONTAL OVERLAY ZONE
UNDER CERTAIN CONDITIONS.
WHEREAS, the City Code pro-
vides that a structure may only
penetrate the horizontal overlay
zone by special exception;
WHEREAS, the FAA does allow
the horizontal overlay zone to be
penetrated (referred to in an air-
space study as a "Determination of
No Hazard to Navigation");
WHEREAS, a structure should be
allowed to penetrate the horizontal
overlay zone • without a special
exception if it does not affect the
daily operations of the airport;
WHEREAS, the proposed rezon-
ing is reasonable and does not
impose any requirement or restric-
tion which is not necessary to
effectuate the purposes of Chapter
329 of the Code. of Iowa;
WHEREAS, the Airport Zoning
Commission has reviewed and
approved the proposed rezoning;
and
WHEREAS, it is in the City's best
interest to adopt this ordinance.'
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 14, entitled "Zoning," Chapter
6, entitled "Airport Zoning," Section
4, entitled, "Airport Zones,"
Subsection C, entitled "Horizontal
Overlay Zone (HO) Defined" is
amended by adding the following
new
Paragraph 3:
The proposed structure may pen-
etrate the HO if the Airport
Operations Specialist determines
that:
a) the FAA has issued a
"Determination of No Hazard to
Navigation;"
b) the proposed structure does not
exceed any TERPS zone or any
other 14 C.F.R Part 77 zone; and
c) the proposed structure does not
require a change to instrument
approaches, minimum safe alti-
tude, traffic patterns altitude,
takeoff/departure procedures or
weather minimums or a change
similar in nature either to the
approach or departure of an
aircraft
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY, If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV EFFECTIVE DATE,
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 17 day
of June, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
June 26, 2014
1 r i
�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4590, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
Jufie-t . Voparil
Deputy City Clerk
Q A
8A Iowa City Press -Citizen
7CaSaRTIFICATEOF PUBUCAPON
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4590
OFFICIAL PUBLICATION
City,
Johnson County, Iowa,
AN ORDINANCE CONDITIONALLY
more particularly described as
STATE OF IOWA,
REZONING APPROXIMATELY
4.40 ACRES OF PROPERTY
follows:
LOCATED AT 2815 ROHRET
Commencing at the Northeast
ROAD, FROM COMMERCIAL
corner of the Southeast One -
COuN, SS
OFFICE (CO -1) TO MEDIUM
Quarter of the Southwest One-
JOWWN at
SINGLE-FAMILY
Quarter of Section 18, Township
PDENSITY LANNED ENT
79 North, Range 6 West, of the
OVERLAY (OPD -8). (REZ14-
Fifth Principal Meridiap, Iowa
THIS IOWA CITY PRBSSXMZBN
000008)
As, the applicant, Hodge
i
City,
ncJohnson e S00'12'3Cou aloCounty,Iowa; the
FISD.ID#42-0330670
Construction Company, has
requested a rezoning of property
East line of said Southeast One-
Quarter of the Southwest One -
located at 2815 Rohret Road from
Quarter, 39.41 feet, to the Point
Commercial Office (CO -1) to
of Beginning; Thence continuing
Medium Density Single Family
S00'12'31 'E along said East line,
Planned Development Overlay
616.07 feet; Thence
being duly sworn, MY that I am
(OPD -8); and
WHEREAS, the Comprehensive
Plan indicates that this property is
N47'50'48"W, 729.53 feet;
Thence N18'07'42"E, 103.49
feet; Thence
the legal clerk of the IOWA CITY
appropriate for clustered residential
development; and
N87'53'54"E,
200.08 feet; Thence N77'08'39"E,
88.45 feet; Thence N89'42'54"E,
P CITIZW, a newspaper
WHEREAS, the Planning and
Zoning Commission has the
220.21 feet, to said Point of
Beginning. Said Tract of Land
in old comity, and
reviewed the proposed rezoning
and determined that it complies
contains 4.40 acres and is sub -
ject to easements and restric-
ppublished
a copy of
with the Comprehensive Plan pro-
vided that it meets conditions
tions of record.
It, ZONING
that Is notice, printed
which Is hereto attached, w"
addressing the need for sound
abating design and construction
_SECTION MAP The
building official is hereby authorized
and directed to change the zoning
,f�
in •aid paper•+ "'
techniques; and
WHEREAS, Iowa Code §414.5
map of the City of Iowa City, Iowa,
to conform to this amendment upon
ppublished
time(/), on the following date/)S
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions
the final passage, approval and
publication of the ordinance as
on granting an applicant's
approved by law.
rezoning request, over and above
SECTION III ONDITIONAI
pexisting
8 11q
regulations, in order to sat-
ZONING AGREEMENT, The mayor
isfy public needs caused by the ,
is hereby authorized and directed to
requested change; and.
WHEREAS, the owner and appli-
sign, and the City Clerk attest, the
Conditional Zoning Agreement
cant has agreed that the property
between the property owner(s) and
shall be developed in accordance
the City, following passage and
with the terms and conditions of the
approval of this Ordinance.
Legal Clerk
Conditional Zoning Agreement
attached hereto to ensure appropri-
SECTION IV. CFRTIEICATION AND
RECORDING Upon passage and
ate development in this area of the
approval of the Ordinance, the City
. f`_, �nd
Subscribed„sworn t0
city.
NOW, THEREFORE, BE IT
Clerk is hereby authorized and
directed to certify a copy of this
�1 day of
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
ordinance, and record the same in
the Office
before this
SECTION I APPROVAI Subject to
of the County Recorder,
Johnson County, Iowa, at the
A44CO A.D.
the Conditional Zoning Agreement
Owner's expense, upon the final
attached hereto and incorporated
herein, property described below is
passage, approval and publication
of this ordinance,
hereby reclassified from its current
as provided by
law.
zoning designation of Commercial
SECTION V REPEALER ER AND
Office (CO -1) to Medium Density
BELF&&U— All ordinances and parts
Planned Development Overlay
of ordinances in conflict with the
(OPD -8):'
A portion of the Southeast One-
provisions of this Ordinance, partic-
ulariy Ordinance Number 08-4298
,A`,
i WvnEs i�
Quarter of the Southwest One-
Quarter of Section 18, Township
and the associated Conditional
Zoning Agreement
^^,��,,�..&7
�'e'�
79 North, Range 6 West, of the
recorded at
Book 4385, Page 553-560, in the
CommWrbn EV rep my
Fifth Principal Meridian, Iowa
records of the Johnson County
p -A . lit - L!S `i ot�„�s l 5 '� .
Recorder, are hereby repealed and
ublication
requested change; and
able conditions on granting an
Conditional Zoning Agreement.
released.
SECTION VI. SEVERABJUTY. If
WHEREAS, the Owner acknowl-
edges that certain conditions and
applicant's rezoning request,
over and above the existing
6. The parties acknowledge that
any section, provision or part of the
Ordinance shall be adjudged to be
restrictions are reasonable to ensure
the development of the property is
regulations, in order to satisfy
public needs, caused by the
this Conditional Zoning
Agreement shall be deemed to
invalid or unconstitutional, such
consistent with the Comprehensive
requested change.
be a covenant running with the
land and with title to the land,
adjudication shall , not affect the
validity of the Ordinance as a whole
Plan and the need to mitigate noise
along Highway 218; and
3. In consideration of the City's
and shall remain in full force
or any section, provision or part
thereof not adjudged invalid or
WHEREAS, the Owner agrees to
develop this property in accordance
rezoning the subject property,
Owner agrees that develop-
and effect as a covenant with
title to the land, unless or until
unconstitutionalwith
the terms and conditions of a
ment of the subject property
released of recons by the City of
SECTION VII. EFFECTIVE DATE.
Conditional Zoning Agreement.
will conform to all other require-
Iowa City.
This Ordinance shall be in effect
after its final passage, approval and
NOW, THEREFORE, in consider-
ation of the mutual promises con-
ments of the zoning chapter, as
well as the following conditions:
The parties further acknowl-
as rovided by law
tained herein the parties agree as
edge that this agreement shall
pP ,
Passed and approved this 19th follows: a•
day of August, 2014. 1.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City"), and Hodge Construction
Company (hereinafter "Owner'7.
WHEREAS, Owner is the legal title
holder of approximately 4.40 acres
of property located at 2815 Rohret
Road; and
WHEREAS, the Owner has
requested the rezoning of said prop-
erty from Commercial -Office (CO -1)
to Medium -Density Single Family
Residential Planned Development
Overlay (OPD -8); and
WHEREAS, the Comprehensive
Plan indicates that the property is
appropriate for clustered residential
development; and
WHEREAS, the Planning and
Zoning Commission hes determined
that, with appropriate conditions
regarding sound abating design and
construction techniques, the
requested zoning is consistent with
the Comprehensive Plan; and
WHEREAS, these conditions for
rezoning supersede any conditions
required in the previous Conditional
Rezoning Agreement attached to
Ordinance Number 08-4298
approved adopted by the City
Council on March 4, 2008 (Book
4385 Page 553-560 Johnson
County Recorder); and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, to order to sat-
isfy public needs caused by the
Hodge Construction Company
is the legal- title holder of the
property legally described as
follows:
A portion of the Southeast One -
Quarter of the Southwest One -
Quarter of Section 18, Township
79 North, Range 6 West, of the
Fifth Principal Meridian, Iowa
City, Johnson County, Iowa,
more particularly described as
follows:
Commencing at the Northeast
corner of the Southeast One -
Quarter of the Southwest One -
Quarter of Section 18, Township
79 North, Range 6 West, of the
Fifth Principal Meridian, Iowa
City, Johnson County, Iowa;
Thence S00°12'31 "E, along the
East line of said Southeast
One -Quarter of the Southwest
One -Quarter, 39.41 feet, to the
Point of Beginning; Thence
continuing SOO"12'31'E along
said East line, 616.07 feet;
Thence N47°50'48"W, 729.53
feet; Thence N18°07'42"E,
103.49 feet; Thence
N87°53'54"E, - 200.08 feet;
Thence N77°08'39"E, 88.45
feet; Thence N89°42'54"E,
220.21- feet, to said Point of
Beginning. Said Tract of Land
contains 4.40 acres and is sub-
ject to easements and restric-
tions of record.
2. The Owner acknowledges that
the City wishes to ensure con-
formance to the principles of
the Comprehensive Plan and
the Southwest District Plan.
Further, the parties acknowl-
edge that Iowa Code §414.5
(2013) provides that the City of
Iowa City may impose reason -
Existing healthy trees within
of 80 feet of the Highway
218 right-of-way shall be
preserved except where it is
necessary to remove trees
for installation of stormwater
management facilities as
shown on the Preliminary
Areas Site Plan;
Sound -abating construction
materials shall be used for
any structures built on the
subject land to reduce inte-
rior sound levels. Such
materials shall include
masonry, fiber cerement sid-
ing, and laminated windows,
as, shown on the building
elevation drawings;
c. Owner shall maintain the
sidewalk installed within the
Rohret Road right-of-way in
accordance with city code
and state law; and
d, Development of the property
shall substantially conform
with the Preliminary Sensitive
Areas Site Plan and eleva-
tions drawings attached to
this agreement.
4. The Owner and City acknowl-
edge that the conditions con-
tained herein are reasonable
conditions to impose on the
land under Iowa Code §414.5
(2013),'and that said conditions
satisfy public needs that are
caused by the requested zon-
ing change.
5. The Owner and City acknowl-
edge that in the event the sub-
ject property is transferred,
sold, redeveloped, or subdivid-
ad, all redevelopment will con-
form to the terms of this
inure to the benefit of and bind
all successors, representatives,
and assigns of the parties.
7. The Owner acknowledge(s) that
nothing in this Conditional
Zoning Agreement shall be con-
strued to relieve the Owner or
future owners from complying
with all other applicable local,
state, and federal regulations.
The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence into the ordinance rezon-
ing the subject property, and
that upon adoption and publi-
cation of the ordinance, this
agreement shall be recorded in
the Johnson County Recorder's
Office at the Applicant's
expense.
Dated this 25th day of June, 2014.
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Kar, City Clerk
HODGE CONSTRUCTION CO.
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4591, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
Jufi . Voparil
Deputy City Clerk
Printer's FWZ I' "
CwtirIFICATS OF puBUCATION
STA'I'R OF IOWAI
jONNSON COUNTY, SS:
THS IOWA CM PRSSS-Crn
FSD.ID#42-0330670
I,
being duly Sworn, ay that I am
the legal clerk of the IOWA CITY
PttSSS-CI'TI7.SNI a nerwpap�
published in paid count', and
that a notice, a printed copy of
which is hereto attached, was
published in aid paper
I--
time(s), on the following date(")'
2uoClerk
Subscribed and sworn to
before m this " day of
.D. 20., -
mmww Public
ADAM JAMES KAI
My Comms E
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4691
AN ORDINANCE REZONING
APPROXIMATELY 3.02 ACRES
OF PROPERTY FROM
COMMUNITY COMMERCIAL
(CC -2) ZONE TO RIVERFRONT
CROSSINGS WEST
RIVERFRONT(RFC-WR) ZONE
LOCATED ON THE %1 SIDE
OF SOUTH RIVERSIDE DFNVE,
NORTH OF BENTON STREET
AND SOUTH OF THE IOWA
INTERSTATE
RAILROAD(REZ14-00009).
WHEREAS, the applicant, Emrico
Properties LLC, has requested a
rezoning of property located at 629
South Riverside Drive from
Community Commercial (CC -2) to
Riverfront Crossings - West
Riverfront (RFC -WR); and
WHEREAS, the Downtown and
Riverfront Crossings Master Plan
was adopted in January 2013 as an
integral part of the City's
Comprehensive Plan and the
subject property is located in the
West Riverfront Subdistrict of the
Riverfront Crossings District; and .
WHEREAS, the Riverfront
Crossings - West Riverfront (RFC -
WR) Zone was developed to help
implement the vision of the
Riverfront Crossings Master Plan
by encouraging redevelopment
that will create a more pedestrian -
friendly character along Riverside
Drive by enhancing the streetscape
and overall aesthetics, tempering
auto -dominated frontages by
locating buildings closer to the
street with parking behind or to the
side of buildings, and creating a
place where people can live close
to the Iowa River and to shopping,
restaurants, and other services;
and
WHEREAS, the requested
rezoning will result in a significant
increase in the residential
population in -the area, which will
increase. the pedestrian traffic
along the Riverside Drive right-of-
way, which currently is too narrow
,to provide adequate pedestrian
facilities to accommodate such an
increase; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and
determined that it complies with
the Comprehensive Plan, provided
land is dedicated to the City to
widen the Riverside Drive right-of-
way to create a larger landscape
buffer between the traffic lanes and
the public sidewalk and an
easement is granted or land
dedicated to the City to provide for
construction of a pedestrian tunnel
under the Iowa Interstate Railroad;
and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of
Iowa City may impose reasonable
conditions on granting an
applicant's rezoning request, over
and above existing regulations, in
order to satisfy public needs
caused by the requested change;
and
WHEREAS, the owner and
applicant have agreed that the
property shall be developed in
accordance with the terms and
conditions of the Conditional
Zoning Agreement attached hereto,
to satisfy public needs caused by
the requested development to
ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY. IOWA:
SECTION I APPROVAL. Subject
to the Conditional Zoning
Agreement attached hereto and
incorporated herein, property
described below is hereby
reclassified. from its current zoning
designation of Community
Commercial (CC -2) to Riverfront
Crossings - West Riverfront (RFC -
WR):
LEGAL DESCRIPTION
Auditor's Parcel 2013054 in
accordance with the Plat thereof
recorded in Deed Book 58, at Page
37 of the Records of the Johnson
County Recorder's office. Said
parcel of land contains 3.02 Acres,
(131,459 square feet), and is
subject to easements and
restrictions of record.
SECTION 11, ZONING MAP. The
building official is hereby authorized
and directed to change the zoning
map of the City of Iowa City, Iowa,
to conform to this amendment
upon the final passage, approval
and publication of the ordinance as
approved by law.
SECTION 111, CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed
to sign, and the City Clerk attest,
the Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV, CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office. of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage, approval and publication
of this ordinance, as provided by
law.
SECTION V. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this
day of August. 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City,
Iowa, a municipal corporation
(hereinafter "City"), Hartwig
Properties LLP (hereinafter
"Owner"), and Emdoo Properties
LLC (hereinafter "Applicant").
WHEREAS, Owner is the legal title
holder of approximately 3.02 acres
of property located west of South
Riverside Drive, north of West
Benton Street, east of Orchard
Street, and south of the Iowa
Interstate Railroad; and
WHEREAS, the Owner has
requested the rezoning of said
property from Community
Commercial (CC -2) to Riverfront
Crossings-- West Riverfront (RFC -
WR); and
WHEREAS, the Planning and
Zoning - Commission has
determined that, with appropriate
conditions regarding pedestrian
safety and comfort, the requested
zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of
Iowa City may impose reasonable
conditions on grantirig an
applicant's rezoning request, over
and above existing regulations, in
order to satisfy public needs
caused by the requested change;
and
WHEREAS, the Owner
acknowledges that certain
conditions and restrictions are
reasonable to ensure the
development of the property is
consistent with the Comprehensive
Plan and the need for pedestrian
safety and comfort; and
WHEREAS, the Owner agrees to
develop this property in accordance
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in
consideration of the mutual
promises contained herein, the
parties agree as follows:
1. Hartwig Properties LLP is the
legal title holder of the property
legally described as follows:
Auditor's Parcel 2013054 in
accordance with the Plat thereof
recorded in Deed Book 58, at Page
37 of the Records of the Johnson
County Recorder's office. Said
Parcel of land contains 3.02 Acres,
(131,459 square feet), and . is
subject to easements and
restrictions of Record.
2. The Owner acknowledges that
the City wishes to ensure
conformance to the principles of
the Comprehensive Plan, including
the West Riverfront Subdistrict of
the Downtown and Riverfront
Crossings Master Plan. Further, the
parties acknowledge that Iowa
Code §414.5 (2013) provides that
the City of Iowa City may impose
reasonable conditions on granting
an applicant's rezoning request,
over and above the existing
regulations, in order to satisfy
public needs caused by the
requested change.
3. In consideration of the City's
rezoning the subject property,
Owner and Applicant agree that
development of the subject
property will conform to all other
requirements of the zoning chapter,
as well as the following conditions
to be satisfied upon redevelopment
of the property:
a. Owner shall dedicate a strip
of land 10 feet wide along the
subject property's entire
Riverside Drive frontage to
the City to enable the
widening of the public right-
of-way to enhance pedestrian
safety along the corridor; and
b. The existing northernmost
curb cut to Riverside Drive
shall be closed. The property
shall be served by only one
curb cut to Riverside Drive;
and
c. Owner shall dedicate the
necessary land to the City or
grant a public access
easement at the northeast
corner of the subject property
to allow a public sidewalk to
be extended under the Iowa
Interstate Railroad
embankment in a location
determined by the City.
4. The Owner and Applicant, and
City acknowledge that the
conditions contained herein are
reasonable conditions to impose
on the land under Iowa Code
§414.5 (2013), and that said
conditions satisfy public needs that
are caused by the requested
zoning change.
5. The Owner and Applicant and
City acknowledge that in the event
the subject property is transferred,
sold, redeveloped, or subdivided,
all redevelopment will conform with
the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that
this Conditional Zoning Agreement
shall be deemed to be a covenant
running with the land and with tide
to the land, and shall remain in full
force and effect as a covenant with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowledge
that thisagreement shall inure to
the benefit of and bind all
successors, representatives, and
assigns of the parties.
7. The Owner and Applicant
acknowledge that nothing in this
Conditional Zoning Agreement
shall be construed to relieve the
Owner or Applicant from complying
with all other applicable local,
state, and federal regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by reference
into the ordinance rezoning the
subject property, and that upon
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Applicant's
expense.
Dated this 19th day of August,
2014.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian -K- rr, i y Clerk
By: H g Prorties LLP
L" /,-
By: Emrico Properties LLC
rca0000" av August 28, 2014
� � 1
II;
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
wvww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4592, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
Jdwie . Voparil
Deputy City Clerk
prilnter'� Poe SJ.+d=.�-�
CERTIFICATE OF pUBUCATION
STATE OF IOWA#
,10HMON COUNTY, 0
TH8 IOWA CITY PRV447MIN
FW.ID#42-0330670
I /d� C'Cos�
f
being duly Sworn, say that 1 am
the legal clerk of the IOWA CTIA
PRESS MIM, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper J-
tisgs), on the following date(s)9
<�k)% (q
2Lqaerk
Subscribed and sworn to
before meds - �r
Of
A.D.20.j..•
matary public
ADAM J S i�
m7 C'a„MW E
A) .
OFFICIAL PUBLICATION
ORDINANCE NO. 144982
AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY
4,000 *SQUARE FEET OF
PROPERTY FROM CENTRAL
BUSINESS SERVICE (CB -2) ZONE
TO CENTRAL BUSINESS
SUPPORT (CB -5) ZONE AND
LOCAL HISTORIC LANDMARK
DESIGNATION LOCATED AT 203
N LINN ST. (REZ-00007)
WHEREAS, the applicant, Michael
Hodge, has requested a rezoning of
property located 203 N. Linn Street
from Central Business Service Zone
(CB -2) to Central Business Support
Zone (CB -5) and local Historic
Landmark designation; and
WHEREAS, the Comprehensive
Plan indicates that development
that is sensitive to the neighbor-
hood's scale, history and architec-
tural significance is encouraged in
the Northside Market Place com-
mercial area; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and determined that it complies
with the Comprehensive Plan pro-
vided that if the existing building is
destroyed, redevelopment of the
property will follow the height stan-
dards for a CB -2 zone to assure
that it is an appropriate scale for the
Northside Market Place commercial
area , and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, the owner has agreed
that the property shall be developed
in accordance with the terms and
conditions of the Conditional
Zoning Agreement attached hereto
to ensure appropriate development
in this area of the city; and
WHEREAS, the Historic
Preservation Commission has
determined that the property quali-
fies for designation as a local
Historic Landmark due to its origi-
nal use as the Bashnagel Bakery
and representation of early com-
mercial architecture.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to
lba.QQWitional Zoning Agreement
ac15)a
ereto and incorporated
hereperty described below is
erelassified from its current
Mingesignation of Central
Iervice District (CB -2) to
Pentsiness Support District
B - designated as a local
THE SO TH 50' OF LOT 8 BLOCK
68 OF _JON'S FIRST ADDITION,
JOHNSON COUNTY,
IOWA.
SECTION II ZONING MAP The
building official is hereby authorized
and directed to change the zoning
map of the City of Iowa City, Iowa,
to conform to this amendment upon
the final passage, approval and
publication of the ordinance as
approved by law.
SECTION III. CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. Upon passage and
approval of the Ordinance, the City
Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage, approval and publication
of this ordinance, as provided by
law.
SECTION V. REPEALER, All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in affect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 19th
day of August, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Kan, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City"), HCB Properties, L C (here-
inafter "Owner").
WHEREAS, the Owner is the legal
title holder of approximately 4,000
square feet of property located at
203 N. Linn Street; and
WHEREAS, the Owner has
requested the rezoning of said
property from Central Business
Service (CB -2) zone to Central
Business Support (CB -5) zone and
designation as a local Historic
Landmark; and
WHEREAS, the Planning and
Zoning Commission has deter-
mined that, with appropriate condi-
tions regarding building scale, the
requested zoning is consistent with
the Comprehensive Plan; and
WHEREAS, the Historic
Preservation Commission has
determined that the property quail -
flea for designation as a local
Historic Landmark due.to its origi-
nal use as the Bashnagel Bakery
and representation of early com-
mercial architecture.
WHEREAS, Iowa Code §414:5
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, the Owner acknowl-
edges that certain conditions and
restrictions are reasonable to
ensure the development of the
Property is consistent with the
Comprehensive Plan and the need
to assure that if the historic building
is destroyed, the scale of develop-
ment will be appropriate for the
Northside Market Place commercial
area; and
WHEREAS, the Owner agrees to
develop this property in accordance
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
5 <1 " - ;.�.�- ' (�; . _=�,,.,.�
1. HB Properties L Cis the legal
title holder of the property
legally described as: THE
SOUTH 50' OF LOT 8 BLOCK
68 OF LYON'S - FIRST
ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA.
2. The Owner acknowledges that
the City wishes to ensure con-
formance to the principles of
the Comprehensive Plan.
Further, the parties acknowl-
edge that Iowa Code §414.5
(2013) provides that the City of
Iowa City may impose reason-
able conditions on granting an
applicant's rezoning request,
over and above the existing
regulations, in order to satisfy
public needs caused by the
requested change.
3. In consideration of the City's
rezoning the subject property,
Owner agrees that develop-
ment of the subject property
will conform to all other require-
ments of the zoning chapter, as
well as the following condition:
In the event that the structure is
damaged or destroyed by fire,
explosion, as of God, or by a
public enemy, and rehabilita-
tion is not possible, any rede-
velopment of the property shall
comply with the building height
standards of the CB -2 zone, as
set forth in the Iowa City Zoning
Code, which may be amended.
4. The Owner and City acknowl-
edge that the conditions con-
tained herein are reasonable
conditions to impose on the
land under Iowa Code §414.5
(2013), and that said conditions
satisfy public needs that are
caused by the requested zon-
ing change.
5. The Owner and City acknowl-
edge that in the event the sub-
ject property is transferred,
soli, redeveloped, or subdivid-
ed, all redevelopment will con-
form with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that
this Conditional Zoning
Agreement shall be deemed to
be a covenant running with the
land and with title to the land,
and shall remain in full force
and effect as a covenant with
title to the land, unless or until
released of record by the City
of Iowa City.
The parties further acknowl-
edge that this agreement shall
inure to the benefit of and,bind
all successors, representatives,
and assigns of the parties.
7. The Owner, acknowledges that
nothing in this Conditional
Zoning Agreement shall be
construed to relieve the Owner
or Applicant from complying
with all other applicable local,
state, and federal regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence into the ordinance rezon-
ing the subject property, and
that upon adoption and pubN-
cation of the ordinance, this
agreement shall be recorded in
the Johnson County Recorder's
Office at the Applicant's
expense.
Dated this 19th day of August,
2014.
CITY OF IOWA CITY
Matthew Hayek, Mayo
Attest:
Marian K. Karr, City Clerk
c4w�f6
By: �! E• (crime., ..
Poa00003 I August 28, 2014
look —
-41
*,
+ I�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4593, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
Ju I K. Voparil
Deputy City Clerk
Printer's Pee $
CERTIPICATS OF PUSUCA77ON
STATE OF IOWA,
JOHNSON COWMO SS:
THB IOWA CITY IPR>tS XMZEN
FW.ID#42-0330670
being duly sworn, ay that I AN
the legal clerk of the IOWA CITY
PRESS-CrrIM, A new"Wpe'
published in Laid county, and
that a notice, a printed copy of
which is hereto attached, was
published in aid paper,,....
tiMe(s), on the following date(s):
Legal Clerk
Subscribed and sworn to
before this day of
.D. 20•
ADAM JAMES K
A% Cow*" Nunt
My Cb T-ISS10�1
SECTION III. CONDITIONAL
ORDINANCE NO. 14-4593
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
AN ORDINANCE
sign, and the City Clerk attest, the
CONDITIONALLY REZONING
Conditional Zoning Agreement
APPROXIMATELY 39.6 ACRES
between the property owner(s) and
OF PROPERTY
the City, following passage and
LOCATED AT 4701 HERBERT
approval of this Ordinance.
HOOVER HIGHWAY FROM
SECTION IV. CERTIFICATION
COUNTY RESIDENTIAL ('R) TO
AND RECORDING. Upon passage
INTERIM DEVELOPMENT
and approval of the Ordinance, the
SINGLE FAMILY RESIDENTIAL
City Clerk is hereby authorized and
(ID -RS). (REZ14-00009)
directed to certify a copy of this
WHEREAS, the applicant, Build to
ordinance, and record the same in
Suit Inc., with the consent of the
the Office of the County Recorder,
owner, AGRD Green Bay, L.L.C, hes
Johnson County, Iowa, the
Owner's expense, upon thea final
requested a rezoning of
g proPe►tY
located at 4701 Herbert Hoover
passage, approval and publication
Highway from County Residential
of this ordinance, as provided by
(R) to Interim Development Single
law.
SECTION V. REPEALER. All
Family Residential (1 D -RS); and
WHEREAS, the Comprehensive
ordinances and parts of ordinances
Plan Future Land Use map shows
in conflict with the provisions of this
the subject property as incorporated
Ordinance are hereby repealed.
into Iowa City, and
SECTION VI. SEVERABILITY. If
WHEREAS, the Comprehensive
any section, provision or part of the
Plan - Northeast District Plan
Ordinance shall be adjudged to be
invalid or unconstitutional, such
indicates that the subject property
adjudication shall not affect the
is appropriate for residential
development; and
validity of the Ordinance as a whole
WHEREAS, Interim Development
or any section, provision or part
zoning is appropriate for the
thereof not adjudged invalid or
unconstitutional.
property until such a time as a
development plan is submitted in
SECTION VII. EFFECTIVE DATE.
compliance with the Comprehensive
This Ordinance shall be in effect
after its final passage, approval and
Plan; and
WHEREAS, the Planning and
publication, as provided by law.
Zoning Commission has the
Passed and approved this 19th
reviewed the proposed rezoning
day of August , 2014.
and • determined that it complies
s/Matthew J. Hayek, Mayor
with the Comprehensive Plan
Attest: s/Marian K. Karr, City Clerk
provided that it meets conditions
addressing the need for pedestrian
CONDITIONAL ZONING
access to the city sidewalk system;
AGREEMENT
and
WHEREAS, Iowa Code §414.5
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
(2013) provides that the City of Iowa
a municipal corporation (hereinafter
City may impose reasonable
"City") and AGRD Green Bay, L.L.C.
conditions on granting an
(hereinafter "Owner/Applicant").
applicant's rezoning request, over
and above existing regulations, in
WHEREAS, the Owner/Applicant
order to satisfy public needs caused
is the legal title holder of
by the requested change; and
approximately 39.6 acres of
WHEREAS, the owner and
property located at 4701 Herbert
applicant have agreed that the.
Hoover Highway; and
property shall be developed in
accordance with the terms and
WHEREAS, the Owner/Applicant
conditions of the Conditional
has requested the rezoning of said
Zoning Agreement attached hereto
property from County Residential
to ensure appropriate development
(R) to Interim Development Single
in this area of the city.
Family Residential (I D -RS); and
THEREFORE, BE IT
WHEREAS, the Planning and
ORDAINE BY THE CITY COUNCIL
Zoning Commission has determined
THE C OF IOWA CITY, IOWA:
that, with appropriate conditions
:SF ECTIO I APPROVAL. Subject to
regarding pedestrian access to the
Cond onal Zoning Agreement
city sidewalk system, the requested
diad ereto and incorporated
zoning is consistent with the
rein, p y described below is
reby ssified from its current
zoning signation of County
Comprehensive Plan; and
Residenti (R) to Interim
WHEREAS, Iowa Code §414.5
Devel nt Single-family
(2013) provides that the City of Iowa
i en is (I D -RS):
City may impose reasonable
LEC>IAAL DESCRIPTION
conditions on granting an
applicant's rezoning request, over
THE NORTHWEST QUARTER OF
and above existing regulations, in
THE NORTHEAST QUARTER OF
order to satisfy public needs caused
SECTION 7 IN TOWNSHIP 79
by the requested change; and .
NORTH, RANGE 5 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN.
WHEREAS, the Owner/Applicant
CONTAINING 39.60 ACRES, AND
acknowledges that certain
IS SUBJECT TO EASEMENTS
conditions and restrictions are
AND RESTRICTIONS RECORD.
reasonable to ensure the
development of the property is
SECTION 11. ZONING MAP. The
consistent with the Comprehensive
building official is hereby authorized
Plan and the need for pedestrian
and directed to change the zoning
accessibility; and
map of the City of Iowa City, Iowa,
to conform to this amendment upon
the final passage, approval and
publication of the ordinance as
approved by law.
WHEREAS, the Owner/Applicant
agrees to develop this property in
accordance with the terms and
conditions of a Conditional Zoning
Agreement.
NOW, THEREFORE, in
consideration of the mutual
promises contained herein, the
parties agree as follows:
'1. AGRD Green Bay, L.L.C. is the
legal title holder of the property
legally described as:
THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER
OF SECTION 7 IN TOWNSHIP
79 NORTH, RANGE 5 WEST, OF
THE FIFTH PRINCIPAL
MERIDIAN. CONTAINING 39.60
ACRES, AND IS SUBJECT TO
EASEMENTS AND
RESTRICTIONS RECORD.
2. The Owner/Applicant
acknowledges that the City
wishes to ensure conformance
to the principles of the
Comprehensive Plan and the
Northeast District Plan: Further,
the parties acknowledge that
Iowa Code §414.5 (201'3)
provides that the City of Iowa
City may impose reasonable
conditions on granting an
applicant's rezoning request,
over and above the exisling
regulations, in order to satisfy
public needs caused by the
requested change.
3. In consideration of the City's
rezoning the subject property,
the Owner/Applicant agrees
that development of the subject
property will conform to all
other requirements of the
zoning chapter, as well as the
following condition:
• The developer shall provide
pedestrian access connecting
the subject land to the city
sidewalk system. Said access
shall be constructed
concurrently with the public
improvements for any
subdivision of the subject land,
and may be constructed using
[either concrete or asphalt. The
developer may determine the
route, but will be responsible
for acquiring any necessary
property rights from intervening
property owners, including
Johnson County, at developer's
cost. The City will grant any
temporary construction
easement to the Developer to
the extent that this access is
provided within City -owned
public right-of-way.
4. The Owner/Applicant and City
acknowledge that the
conditions contained herein are
reasonable conditions to
impose on the land under Iowa
Code §414.5 (2013), and that
said conditions satisfy public
needs that are caused by the
requested zoning change.
5. The Owner/Applicant and City
acknowledge that in the event
the subject property is
transferred, sold, redeveloped,
or subdivided, all redevelopment
will conform with the terms of
this Conditional Zoning
Agreement.
6. The parties acknowledge that
this - Conditional Zoning
Agreement shall be deemed to
be a covenant running with the
land and with title to the land,
and shall remain in full force
and effect as a covenant with
title to the land, unless or until
released of record by the City of
Iowa City. The parties further
acknowledge that this
agreement shall inure to the
benefit of and bind all
successors, representatives,
and assigns of the parties.
7. The Owner/Applicant
acknowledges that nothing in
this Conditional Zoning
Agreement shall be construed
to relieve the Owner/Applicant
from complying with all other
applicable local, state, and
federal regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by
reference into the ordinance
rezoning the subject property,
and that upon adoption and
publication of the ordinance,
this agreement shall be
recorded in the Johnson County
Recorder's Office at the Owner/
Applicant's expense.
Dated this 19th day of August, 2014
CITY OF IOWA CITY
.dO,I�S,
Matthew J. Hayek, Mayor
Test: /
k 2(. V
Maria K. Karr City Clerk
By
U•,
f�wwep
PC4 n August 28, 2014
uup'
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(3 19) 356-5000
(319) 356-5009 FAX
tvww.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4594, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014. `\
�z �
K. Voparil
Deputy City Clerk
Printer's Pee $
CERTIFICATE OP PIIBLICA77ON
STA713 OF IOWA,
JOHNSON COUNTY, SSI
THE IOWA CITY PRESS-CITIM
FED.ID#424330670
it
being duly sworn, may that 1 am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, A newsPPW
published in raid county, and
that a notice, a printed copy of
which Is hereto attached, war
published in said paper ' )
time(s), on the following date(s):
a_L_._.
rrr�
Leal Clerk
Subscribed and sworn to
before m this 2 g day of
D. 20�•
Notary Public
ADAM JAMES KAI
ri0f111111SS1011 NLur w
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4584
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
CHAPTER 4, USE
REGULATIONS, ARTICLED,
TEMPORARY USES, TO ALLOW
OUTDOOR SERVICE AREAS
ASSOCIATED WITH
RESTAURANTS AS TEMPORARY
USES IN RESIDENTIAL AND
MIXED-USE ZONES.
WHEREAS, Outdoor Service
Areas for alcohol service are
currently permitted only in certain
commercial zones; and
WHEREAS, With the addition of
regulatory conditions, restaurants
in mixed-use zones and residential
zones which would benefit from
being able to have a limited
Outdoor Service Area, with the
added benefit of creating enhanced
business opportunities along with
improving the viability of walkable
neighborhood establishments; and
WHEREAS, Outdoor seating in an
Outdoor Service Area associated
with a restaurant is a desirable use
for restaurant patrons, provided
there are conditions related to limit
the size and scope of the Outdoor
Service Area; and
WHEREAS, Outdoor Service Areas
permitted as a temporary use will
not be considered an expansion
of a non -conforming use as the
Outdoor Service Area is temporary;
and
WHEREAS, The. City regulates
various aspects of Outdoor Service
Areas through regulatory provisions
concerning location, screening,
exits, occupancy, noise, signage
and building code.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AM Nn nCKM The
Code of Ordinances of the City of
Iowa City, Iowa is hereby amended
as follows:
1. Title 14, Zoning Code, Chapter
4, Use Regulations, Article D,
Temporary Uses, Section 2,
Temporary Uses Allowed, is
hereby amended by adding a
new subparagraph as follows:
An Outdoor Service Area, as
defined in Title 4, operated
in'' conjunction with a
.In
establishment that
is a nonconforming eating
establishment, an eating
establishment allowed pursuant
to a residential planned
development overlay zone, or an
eating establishment located in
the Mixed Use Zone.
Title 14, Zoning Code, Chapter
4, Use Regulations, Article
D, Temporary Uses, Section
4, Approval Criteria. is hereby
amended by adding a new
subsection "1" as follows:
I. Where an Outdoor Service Area
is allowed only as a temporary
use pursuant to this Article, a
temporary use permit may be
granted upon satisfaction of the
following additional approval
criteria:
The outdoor service area is
operated in conjunction with a
"restaurant" as defined in Title
4, Alcoholic Beverages;
2. The outdoor service area shall
only be operational while the
establishment is serving food
from an on -premises kitchen
and the outdoor service area
must be closed to all patrons
by ten o'clock (10:00) P.M. or
when the kitchen is closed,
whichever is earlier.
3. The outdoor service area
occupancy limit shall not
exceed thirty (30) persons.
4. A lighting plan for the outdoor
service shall pe filed with the
application and approved by
the Building Official.
5. The Outdoor Service Area is
located on the street -facing side
of the building, or in an enclosed
courtyard.
6. Conformance with all other
criteria in Title 4, Alcoholic
Beverages.
3. Title 14, Zoning Code, Chapter
4, Use Regulations, Article
D, Temporary Uses, Section
5, Conditions of Approval,
Subsection A is hereby amended
by repealing said Subsection A
and adopting a new Subsection
A as follows:
A. Provision for a fixed period of
time, not to exceed one hundred
eighty (180) calendar days, for a
temporary use not occupying a
structure, including promotional
activities; , or one year for Outdoor
Service Areas, all other uses, and
structures; or for a shorter period
of time as determined by the
Building Official.
SECTION II REPEALER, All
ordinances and parts of ordinances
in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 111. SEVERABILITY If
any section, provision or part of
the Ordinance shall be adjudged
to be invalid or unconstitutional,
such adjudication shall not affect
the validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IVV, EFFECTIVE DAT
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 19th day
of August, 2014
s/Matthew J. Hayek, Mayor
Attest: S/Marian K. Karr, City Clerk
PC6000039979 August 28, 2014
� r
AN�►'` rrr®�,11
CITY OF IOWA CITY
410 East Washington Strcet
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4595, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
�_lf K.AVopariI
Deputy City Clerk
An entrance way/gate more than
AMMAnass tater$ 4ft in height in Residential Zones,
J",L.,�� provided it is designed to be
C0MMWW NW 1 compatible with and enhance the
surrounding neighborhood. An
'�w identification sign no more than 12
0 square feet in area incorporated as
aii�� an integral element of the entrance
way/gate may be permitted as part
of the requested minor
modification.
B. Amend subsection 14-4C-
2L(2)(d) by adding the following to
the end of the paragraph:
A minor modification may be
requested to adjust the height of
an entrance way gate in a fence
located within a front yard setback
area according to the procedures
and approval criteria for minor
modifications contained in Chapter
4, article B of this title.
SECTION II. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
Jaw.
Passed and approved this 19th
day of August, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
rce000030 a August 28, 2014
rinters/ Fee li—aU �'
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4595AN
FCIEBRITIFICA-MOF PUBLICATION
ORDINANCE AMENDING
TITLE 14, ZONING CODE,
STATS OF IOWA!
CHAPTER 4, USE
REGULATIONS, ARTICLE B,
MINOR MODIFICATIONS, TO
ALLOW ARCHWAYS AND
COUNT�� ''
GATES OVER 4 FEET IN HEIGHT
JO*„/�N
��SO
IN REQUIRED RESIDENTIAL
FRONT YARD SETBACKS.
THB IOWA CITY PRSSS-CITiM
WHEREAS, it is the general
purpose of the Zoning Code
F5D.ID#42-0330674
regulations to enhance and protect
the physical appearance and
safety of the community, to protect
property values and to preserve
I!
Iowa City's areas of natural, historic
and scenic beauty; and
WHEREAS, the current fence
being duly •worn, a that I AN
y
regulations limit the height of
fences and any portion of a fence,
IOWA CITY '
such as a gate, to no more than 4ft
the legal clerk of the
in a front yard setback area; and
PRWA-CITIM, a new/paper
WHEREAS, it is reasonable and in
the best interests of the City to
provide for flexibility in applying the
published in aid County, and
aforementioned standard in cases
that a notice, a printed copy of
where allowing a taller integrated
structure would enhance the
which is hereto attached, was
streetscape and neighboring
properties; and
in aid paper..,.
WHEREAS, the Minor
Modification section of the Zoning
published
date(s)7
Code allows for administrative
time(s), on the following
review of minor modification
applications and input from
property owners within 200ft of the
subject property; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed changes to the Minor
Modification ordinance and
recommend approval; and
WHEREAS, this amendment
Clerk
satisfies the purpose of the Zoning
Legal
Code regulations and is in the
public interest.
SUhscriW and sworn to
NOW, THEREFORE, BE IT
OORDAINL
ED BY THE CITY
this day of
OF THE CITY OF IOWAbefore
CITY, IOWA:
a _,,�.�_
SECTION I. The Code of
�A ��
Ordinances of the City of Iowa City,
Iowa is hereby amended as
I follows:
A. Amend subsection 14 -4B -1A
by adding a paragraph 23, as
follows:
An entrance way/gate more than
AMMAnass tater$ 4ft in height in Residential Zones,
J",L.,�� provided it is designed to be
C0MMWW NW 1 compatible with and enhance the
surrounding neighborhood. An
'�w identification sign no more than 12
0 square feet in area incorporated as
aii�� an integral element of the entrance
way/gate may be permitted as part
of the requested minor
modification.
B. Amend subsection 14-4C-
2L(2)(d) by adding the following to
the end of the paragraph:
A minor modification may be
requested to adjust the height of
an entrance way gate in a fence
located within a front yard setback
area according to the procedures
and approval criteria for minor
modifications contained in Chapter
4, article B of this title.
SECTION II. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
Jaw.
Passed and approved this 19th
day of August, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
rce000030 a August 28, 2014
� r 1
P
.Y._
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4596, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
August, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on August 28, 2014.
Dated at Iowa City, Iowa, this 10th day of September 2014.
J i K. Voparil
Deputy City Clerk
Printer's In Z� lz
CBRTIPICATE OF PUBLICATION
STATE OF IOWA,
jo"SON COUNTY, SSI
THE IOWA CITY PRESS .CT Z94
M.ID#42-0330670
I Cac, Il ll9c v1
f
being duly sworn, ay that I M
the legal clerk of the IOWA CITY
PRRWCff ZBM, a newspaper
published in aid county, and
that a notice, a printed copy of
which is hereto attached, was
published in aid paper _,(....
time(s), on the following date(s)I
Legal Clerk
Subscribed and sworn to
before m this day of
.D. 104-
14007 Public
AD* JAMES
001'IN1JWM NUq
OFFICIAL PUBLICATION
1. Location Restrictions:
ORDINANCE NO. 14-4596
a. An outdoor service area must
AN ORDINANCE AMENDING
be located on private property
TITLE 4, ALCOHOLIC
and may not encroach on the
BEVERAGES, CHAPTER 3,
public right of way.
OUTDOOR SERVICE AREAS;
SEASONAL, FIVE DAY OR
b. An outdoor service area shall
h
FOURTEEN DAY LICENSES AND
not be located on any side ll
PERMITS, SECTION 1,
licensed establishment which
OUTDOOR SERVICE AREAS, TO
fronts on a street unless the
CLARIFY AND MAKE
outdoor service area is being
g
CONSISTENT LOCATION
operated in conjunction with a
RESTRICTIONS AND
"restaurant" as defined in
CONDITIONS FOR OUTDOOR
section 4-1-1 of this title.
SERVICE AREAS IN
COMMERCIAL AND
c. An outdoor service area must
RIVERFRONT CROSSINGS
be immediately adjacent to the
ZONES
licensed establishment of
which it is a part.
WHEREAS, The City regulates
various aspects of Outdoor Service
d. An outdoor service area is
Areas ("OSAs") (areas with alcohol
permissible in any Central
l
service on private property) through
Business Zone, according to
regulatory provisions concerning
the provisions of this Chapter.
location, screening, exits,
occupancy, noise, signage and
e. An outdoor service area is
building code; and
permissible in any Riverfront
Crossings Zone in accordance
WHEREAS, Iowa City has adopted
with this Chapter and subject
a new zoning classification known
to the following:
as Riverfront Crossings Zones; and
(1) Outdoor service areas must
WHEREAS, OSAs are appropriate
be closed to all patrons by ten
in Riverfront Crossings Zones with
o'clock (10:00) P.M.
regulatory conditions to limit the
size, hours of operation and lighting
rve
ry e
ic
(2) Where the outdoor service
to ensure compatibility with
area is with in 1 00'
residential living in the Riverfront
residential zone, the
Crossings District; and
occupancy limit shall not
exceed thirty (30) persons.
WHEREAS, OSAs associated with
a restaurant may be appropriate in
(3) A lighting plan for the outdoor
other non"Central Business District
service area must be filed
Commercial Zones within 1 00 feet
with the application and
of a residential zone in accordance
approved by the city
with the certain conditions to limit
manager, or designee.
size, hours of operation and
lighting; and
(4) The City Council may impose
additional conditions on the
WHEREAS, OSAs associated with
restaurants may also be appropriate
as a temporary use in residential
and mixed use zones, subject to
certain location restrictions and
conditions as stated in Title 14 of
the Zoning Code; and
WHEREAS, Staff recommends
approval of this ordinance as it is in
the public interest to enhance
business opportunities and
improve the viability of walkable
neighborhood establishments with
conditions to protect adjacent
residences.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY,
IOWA:
1111111111111111116M la tFavu Title 4, Alcoholic Beverages,
ne/�7 Chapter 3, Outdoor Service Areas;
wl Seasonal, Five Day or Fourteen
Day Licenses and Permits, Section
1, Outdoor Service Areas, Section
C, Regulation of Outdoor Service
Areas, is hereby amended by
repealing Section C(1) in its entirety
and adopting a new Section C(1) as
follows:
C. Regulation of Outdoor Service
Areas: The operation of an outdoor
service area shall be subject to the
following terms, conditions and
regulations:
outdoor service area permit If
sufficient conflicts with
properties in an adjacent R
(residential) zone have been
identified or are to be
reasonably expected.
(5) In the event that property
within one hundred feet (1
00') of an established
outdoor service area is
rezoned to any R (residential)
zone classification, such
outdoor service area shall be
permitted to continue in
operation so long as it is
continuously authorized as
such by the City Council
without lapse, suspension or
revocation. The City Council
may waive operation of this
provision to permit continued
operation of the outdoor
service area. in the event of
lapse or suspension of the
license or permit for the
establishment or in the event
of lapse or suspension of City
Council authorization for the
outdoor service area.
An outdoor service area is
permissible in the CO -1, CN -1,
CH -1, CIA, and CC -2 zones,
according to the provisions of
this Chapter and subject to the
following limitations where any
part of such outdoor service
area is located within one
hundred feet (100') of an R
(residential) zone:
(1) The outdoor service area
shall be operated in
conjunction with a
"restaurant", as defined in
section 4-1-1 of this title.
(2) The outdoor service area
shall only be operational
while the establishment is
serving food from an
on -premises kitchen.
Outdoor service areas must
be closed to all patrons by
ten o'clock (10:00) P.M. or
whenever the kitchen is
closed, whichever is earlier.
(3) The outdoor service area
occupancy limit shall not exceed
thirty (30) persons.
(4) A lighting plan for the outdoor
service area must be filed
with the application and
approved by the city
manager, or designee.
(5) The City Council may impose
additional conditions on a
permit for such an outdoor
service area, if sufficient
conflicts with properties in
the adjacent R (residential)
zone have been identified or
are to be reasonably
expected.
(6) In the event that property
within one hundred feet
(100') of an established
outdoor service area is
rezoned to any R (residential)
zone classification, such
outdoor service area shall be
permitted to continue in
operation so long as it is
continuously authorized as
such by the City Council
without lapse, suspension or
revocation. The City Council
may waive operation of this
provision to permit continued
operation of the outdoor
service area in the event of
lapse or suspension of the
license or permit for the
establishment or in the event
of lapse or suspension of City
Council authorization for the
outdoor service area.
g. An outdoor service area located
within an R (Residential) zone
or an MU (Mixed Use) zone
may be allowed as a temporary
use under certain
circumstances set forth in
Article 14-40, and shall not be
treated as a temporary outdoor
service area for the purposes of
this Chapter.
SECTION 11, REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional
SECTION IVV, EFFECTIVE DATE,
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 19th day
of August, 2014
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC_000Ww.l August 28, 2014
r
:rl1,4 g j7q'.
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4597, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of
October, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on October, 16, 2014.
Dated at Iowa City, Iowa, this 14th day of November 2014.
kffle,)<. Voparil
Deputy City Clerk
Printer's Fee $__) Q —)- % $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
10 Set. -w- C✓ o S 61
being duly sworn, say t at I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, as
published in said paper
time(s), on the folio wi g date(s):
Legal Clerk v
Subscribed and sworn to
before me thisday of.
o Cr A.D. o
Notary gdbhi
ADAM JAMES KAHLER
Commission Number 785381
My Commission Expires
08104/2017
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4597
AN ORDINANCE
CONDITIONALLY REZONING
APPROXIMATELY 33.37 ACRES
OF PROPERTY LOCATED ON
THE EAST SIDE OF CAMP
CARDINAL ROAD NORTH* OF
CAMP CARDINAL BOULEVARD
FROM INTERIM DEVELOPMENT
SINGLE FAMILY RESIDENTIAL
(ID -RS) TO LOW DENSITY
SINGLE FAMILY RESIDENTIAL
(RS -5). (REZ14-00012)
WHEREAS, the applicant, St.
Andrew Presbyterian Church, has
requested a rezoning of property
located north of Camp Cardinal
Boulevard and east of Camp
Cardinal -Road from Interim
Development Single Family
Residential (ID -RS) to Low Density
Single Family Residential (RS -5);
and
WHEREAS, the Comprehensive
Plan indicates that the area is
appropriate for low to medium
density single family residential
uses; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and determined that it complies
with the Comprehensive Plan
provided that it meets conditions
addressing the need for the
improvement- of Camp Cardinal
Road and the extension of water
and sewer lines; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable
conditions on granting an
applicant's rezoning request, over
and above existing regulations, in
order to satisfy public needs caused
by the requested change; and
WHEREAS, the owner and
applicant has agreed that the
property shall be developed in
accordance with the terms and
conditions of the Conditional Zoning
Agreement attached hereto to
ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
herein, property described below is
hereby reclassified from its current
zoning designation . of Interim
Development Single Family
Residential (ID -RS) to Low Density
Single Family Residential (RS -5):
COMMENCING AT THE NW
CORNER OF THE SW FRACTIONAL
QUARTER OF THE SW QUARTER
OF SECTION 7, TOWNSHIP 79 N,
RANGE 6W OF THE PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON
COUNTY, IOWA;
THENCE N1D02'35"W 57.38'
ALONG THE WEST LINE OF SAID
FRACTIONAL QUARTER TO THE
POINT OF BEGINNING;
THENCE CONTINUING
NID02'35"W 429.25' ALONG SAID
W LINE TO THE NW CORNER OF
AUDITOR'S PARCEL 2012062;
THENCE N88D43'06"E 1562.51'
ALONG THE NORTH LINE OF SAID
AUDITOR'S PARCEL2012062 TO
THE WEST LINE OF WALNUT
RIDGE -PART 3 IOWA CITY, IOWA
AS RECORDED IN BOOK 33, PAGE
62 IN THE OFFICE OF THE LINN
COUNTY, IOWA RECORDER;
THENCE SOD05'11"W 978.41'
ALONG SAID W LINE TO THESE
CORNER OF SAID AUDITOR'S
PARCEL 2012062;
THENCE N89D19'26"W 1457.29'
ALONG THE S LINE OF SAID
AUDITOR'S PARCEL 2012062 TO
THE SW CORNER THEREOF;
THENCE N9D31'39"W 504.26'
ALONG THEW LINE OF SAID
AUDITOR'S PARCEL2012062;
THENCE S88D58'29"W 12.18'
ALONG SAID W LINE TO THE
POINT OF BEGINNING.
SECTION 11, ZONING MAP. The
building official is hereby authorized
and directed to change the zoning
map of the City of Iowa City, Iowa,
to conform to this amendment upon
the final passage, approval and
publication of the ordinance as
approved by law.
SECTION III, CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. Upon passage and
approval of the Ordinance, the City
Clerk IS hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage approval and publication
of this ordinance, as provided by
law.
SECTION V. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION A. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE,
This Ordinance shall be in effect
after its final passage approval and
publication, as provided by law.
Passed and approved this 7th day
of October 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City') and St, Andrew Presbyterian
Church (hereinafter "Owner").
WHEREAS, Owner is the legal title
holder of approximately 33.37 acres
of property located north of Camp
Cardinal Boulevard and east of
Camp Cardinal Road; and
WHEREAS, Owner has requested
the rezoning of said property from
Interim Development Single Family
Residential (!D -RS) to Low Density
Single Family Residential (RS -5);
and
WHEREAS, the Planning and
Zoning Commission has determined
that, with appropriate conditions
regarding the improvement of Camp
Cardinal Road and the extension of
water and sewer lines, the requested
zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable
conditions on granting an
applicant's rezoning request, over
and above existing regulations, in
order to satisfy public needs caused
by the requested change; and
WHEREAS, Owner, acknowledges
that certain conditions and
restrictions are reasonable to
ensure the development of the
property is consistent with the
Comprehensive Plan and its
requirements for adequate street
access; and
WHEREAS, Owner acknowledges
the need to improve Camp Cardinal
Road to provide street access to
this property; and
WHEREAS, Owner recognizes that
the extension of water and sewer
lines is necessary for the future
development of surrounding
properties; and
WHEREAS, Owner agrees to
develop this property in accordance
with the terns and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration
of the mutual promises contained
herein, the parties agree as follows:
1. St. Andrew Presbyterian Church
is the legal title holder of the
property legally described as the
following:
COMMENCING AT THE NW
CORNER OF THE SW
FRACTIONAL QUARTER OF
THE SW QUARTER OF SECTION
7, TOWNSHIP 79 N, RANGE 6W
OF THE PRINCIPAL MERIDIAN,
IOWA CITY, JOHNSON COUNTY,
IOWA;
THENCE NlD02'35"W 57.38'
ALONG THE WEST LINE OF
SAID FRACTIONAL QUARTER
TO THE POINT OF BEGINNING;
THENCE CONTINUING
N1002'35"W 429.25' ALONG
SAID W LINE TO THE NW
CORNER OF AUDITOR'S
PARCE12012062;
THENCE N88043'06"E 1562.51'
ALONG THE NORTH LINE OF
SAID AUDITOR'S
PARCEL2012062 TO THE WEST
LINE OF WALNUT RIDGE -PART
3 IOWA CITY, IOWA AS
RECORDED IN BOOK 33, PAGE
62 IN THE OFFICE OF THE LINN
COUNTY, IOWA RECORDER;
THENCE SODOS'11"W 978.41'
ALONG SAID W LINE TO THESE
CORNER OF SAID AUDITOR'S
PARCH 2012062;
THENCE N89D19'26'W 1457.29'
ALONG THE S LINE OF SAID
AUDITOR'S PARCEL 2012062
TO THE SW CORNER THEREOF;
THENCE N9D31'39"W 504.26'
ALONG THEW LINE OF SAID
AUDITOR'S PARCEL2012062;
THENCE S88D58'29"W 12.18'
ALONG SAID W LINE TO THE
POINT OF BEGINNING.
2. Owner acknowledges that the
City wishes to ensure
conformance to the principles of
the Comprehensive Plan. Further,
the parties acknowledge that
Iowa Code §414.5 (2013)
provides that the City of Iowa
City may impose reasonable
conditions on granting an
applicant's rezoning request,
over and above the existing
regulations, in order to satisfy
public needs caused by the
requested change.
3. in consideration of the City's
rezoning the subject property,
Owner agrees that development
of the subject property will
conform to all other requirements
of the zoning chapter, as well as
the following conditions.
,V\\3
a. Camp Cardinal Road will be
reconstructed to City collector
street standards.
b. Water and sewer lines will be
extended to the north and west
property lines in locations
acceptable by the City Engineer.
c. Construction plans for Camp
Cardinal Road and water and
sewer infrastructure must be
approved by the City and under
construction prior to issuance of
any building permit.
d. Emergency vehicle access and
extension of water lines to the
construction site must be
complete prior to the issuance of
any building permit.
e. A final certificate of occupancy
will not be issued until all
Infrastructure improvements are
complete and accepted by the
City.
4. The Owner and City acknowledge
that the conditions contained
herein are reasonable conditions
to impose on the land under Iowa
Code §414.5 (2013), and that
said conditions satisfy public
needs that are caused by the
requested zoning change.
5. The Owner and City acknowledge
that in the event the subject
property is transferred, sold,
redeveloped, or subdivided, all
redevelopment will conform to
the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this
Conditional Zoning Agreement
shall be deemed to be a covenant
running with the land and with
title to the land, and shall remain
in full force and effect as a
covenant with title to the land,
unless or until released of record
by the City of Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all
successors, representatives, and
assigns of the parties.
7. The Owner acknowledges that
nothing in this Conditional Zoning
Agreement shall be construed to
relieve the Owner or Applicant
from complying with all other
applicable local, state, and
federal regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall . be incorporated by
reference into the ordinance
rezoning the subject property,
and that upon adoption and
publication of the ordinance, this
agreement shall be recorded in
the Johnson County Recorder's
Office at the Applicant's expense.
Dated this 2nd day of September,
2014.
CITY OF IOWA CITY
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
ST. ANDREW PRESBYTERIAN
CHURCH
s/John Roffman
rc488"40W October 16, 2014
Flu
p %7wr AR
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4598, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
October, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on October, 30, 2014.
Dated at Iowa City, Iowa, this 14th day of November 2014.
Jullki Vo aril
p
Deputy City Clerk
Printer's Fee $ 3 -S: C)
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
1, sr,,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached was
published in said paper
time(s), on the following date(s):
l0•3�-lel
r�
Legal Clerk
Subscribed and sworn to
before rnp this _day of
Noulpf1r,alic
ADAM JAMES KAHLER
CommMM Number 78011
My Coma m
OFFICIAL PUBLICATION
ORDINANCE NO. 14 4.598
AN ORDINANCE REZONING
APPROXIMATELY 25.8 ACRES
OF PROPERTY TO RIVERFRONT
CROSSINGS -SOUTH
DOWNTOWN (RFC -SD) ZONE
AND RIVERFRONT CROSSINGS
-CENTRAL CROSSINGS (RFC -
CX) ZONE LOCATED SOUTH OF
BURLINGTON STREET IN THE
RIVERFRONT CROSSINGS
DISTRICT (REZ14-00013)
WHEREAS, the Downtown and
Riverfront Crossings Master Plan
was adopted in January 2013 as
an integral part of the City's
Comprehensive Plan and the sub-
ject properties are located in the
South Downtown and Central
Crossings Subdistricts of the
Riverfront Crossings District; and
WHEREAS, the City has initiated
this rezoning of a large portion of
the South Downtown Subdistrict
and Y. block of the Central
Crossings Subdistrict in order to
facilitate implementation of the
Riverfront Crossings Master Plan;
and
WHEREAS, the Riverfront
Crossings -South Downtown
(RFC -SD) and Central Crossings
(RFC -CX) Zones were developed
to help implement the vision of the
Riverfront Crossings Master Plan
by encouraging redevelopment
that will create a pedestrian -friend-
ly, urban neighborhood through
form -based zoning standards that
specify placement of buildings and
parking, enhanced streetscaping,
improved building designs and
open space; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and deter-
mined that it complies with the
Comprehensive Plan. NOW,
THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAL. The prop-
erty described below is hereby
zoned as follows:
A. Lots 1-4 Block 8, County Seat
Addition to RFC -CX.
B. Lots 7 & 8, Block 93, Original
Town; the south 70' of Lot 4 Block
101, Original Town; Blocks 102 &
103, Original Town; Lots 1-14, S.
Johnson Subdivision; Lots 2-6
Block 2, Benyhill Pierce Addition;
Lots 1-8 Block 5, Lyon's First
Addition; Blocks 1 & 19, County
Seat Addition; Lot 4, and that por-
tion of Lots 2 & 3 south and east
of Ralston Creek, all in Block 20,
County Seat Addition; and Lot 8
Block 8, County Seat Addition to
RFC -SD.
SECTION II. ZONING MAP. The
building official is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of the
ordinance as approved by law.
SECTION 111, CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the City's
expense, upon the final passage,
approval and publication of this
ordinance, as provided by law.
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law. Passed and approved this
21st day of October,
2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K, Karr, City Clerk
PC-60OW410M October 30, 2014
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4599, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
October, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on October, 30, 2014.
Dated at Iowa City, Iowa, this 14th day of November 2014.
Ju .Voparil
Deputy City Clerk
OFFICIAL PUBLICATION
BfSjlON III ZONING MA_P, The
Building Inspector is hereby autho-
ORDINANCE NO. 144599
rized and directed to change the
ORDINANCE REZONING
zoning map of the City of Iowa City,
APPROXIMATELY .54 ACRES
Iowa, to conform to this amend
FROM INTENSIVE
COMMERCIAL (CI -1 ) ZONE TO
final passage,
upon the final ,
a
approval and publication of this
approval
RIVERFRONT CROSSINGS-
ordinance by law.
CENTRAL CROSSINGS (RFC-
SECTION IV. CERTIFICATION
C)Q ZONE AT 201 E. BENTON
AND RECORDING. Upon passage
Printer's Fee $ 3� s
STREET AND 912-914 S.
and approval of the Ordinance, the
DUBUQUE STREET AND
Qity Clerk is hereby authorized and
DESIGNATION
directed to certify a copy of this
CERTIFICATE OF PUBLICATION
DUBUQUE STREET AS A
ordinance and to record the same,
HISTORIC LANDMARK (REZ14-
at the office of the County Recorder
STATE OF IOWA
00011)
WHEREAS, the applicant, XJ -23
of Johnson County, Iowa, at the
owners expense, all as provided
LLC , has requested a rezoning of
bylaw
JOHNSON COUNTY, SS:
property located at 201 E. Benton
Street and 912-914 S. Dubuque
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
Street from intensive Commercial
conflict with the provisions of this
THE IOWA CITY PRESS -CITIZEN
(CI -1) to Riverfront Crossings
-Central Crossings (RFC -CX); and
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY, If
WHEREAS, the applicant has also
any section, provision or part of the
FED.ID#42-0330670
requested that the property at 914
Ordinance shall be adjudged to be
S. Dubuque Street (known as the
invalid unconstitutional, such
SOS 1
Tata Arms); be designated as an
Landmark; and
adjudication shall not affect the
Iowa City Historic
validity of the Ordinance as a
being dl that I am
guy sworn say
WHEREAS, the properties are
located in the Central Crossings
whole or any section, provision or
Pan thereof not adjudged invalid or
the legal clerk of the IOWA CITY
District of the Downtown and
Riverfront Crossings Master Plan,
unconstitutional.
SECTION VII EFFECTIVE DATE.
PRESS -CITIZEN, a newspaper
which indicates that the they are
This Ordinance shall be in effect
appropriate for mixed use develop-
after its final passage, approval
published in said county, and
meet; and
and publication, as provided by
WHEREAS, the Downtown and
law.
that a notice, a printed copy of
Riverfront Crossings Master Plan
which is hereto attached was
and the Historic Preservation Plan
support the preservation of the
Passed and approved this 21st
day of October, 2014.
published in said paper
Stree;alocatedat914S.Dubuque
_
time(s), On the following date(s):
Street; and
WHEREAS, the RFX-CX zone pro-
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
vides for the consideration of the
transfer of development rights to
October 30, 2014
help preserve the Tate Arms build-
ing; and
PC.600 O 1028
_
WHEREAS, the Historic
U01 -)X
Preservation Commission has
reviewed the proposed Historic
Landmark designation for the
property located at 914 S. Dubuque
Legal Clerk
St. and has recommended approv-
al; and
WHEREAS, the Planning and
Subscribed answorn to
Zoning Commission has reviewed
the rezoning and Historic
before a this day o
proposed
Landmark designation and has
b V A .20
recommended val
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
Notary is
CITY, IOWA:
ADAM JAMES KAHLER
crrTiON I ZONINr APPROVAL.
Property described below is here-
by reclassified from its current zon-
�
Commis>" N�IIW "01
ing designation of Intensive
Commercial (CI -1) to Riverfront
My MMM11 Ian il"
Crossings -Central Crossings
RFC
I
-C)):
Whites Subdivision of Outlot 4
County Seat Addition Lots 34, 35
and 36.
LAND APPROVAL. Property
described below is hereby desig-
nated as an Iowa City Historic
Landmark:
Whites Subdivision of Outlot 4 of
County Seat Addition Lot 34.
l i
PAZ 11 I'Mpt
1% y�oar��L
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4600, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
November, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on November, 26, 2014.
Dated at Iowa City, Iowa, this 15th day of December 2014.
Ju 1 <. Voparil
Deputy City Clerk
Printer's Fee $ 9 6"
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
I, A, CroSb 4
being duly sworn, say At I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper_
time(s), on the following date(s):
II-Zb-1�)
Legal Clerk
Subscribed and sworn to
before me this 3 day if
A.D. 2
Notary Publ'
ADAM JAMES KAHLER
Ip Commission Number 785381
My Commission Expires
08/04/2017
OFFICIAL PUBLICATION
Public Place: Any street, avenue,
ORDINANCE NO. 144800
boulevard, highway, sidewalk or
ORDINANCE AMENDING TITLE 6
alley or similar place owned or
OF THE CITY CODE, ENTITLED
controlled by the city, including any
"PUBLIC HEALTH AND SAFETY,"
structure or park.
CHAPTER 4, ENTITLED "NOISE
Real Property Line: An imaginary
CONTROL," TO SIMPLIFY AND
line along the ground surface and
CLARIFY THE NOISE CONTROL
its vertical extension, which sepe-
PROVISIONS, TO DELETE
rates the real property owned by
PERMITS BASED ON DECIBEL
one person from that owned by
LEVELS, AND TO REGULATE
another person, but not including
LOUD CAR RADIOS.
intrabuilding real property divi-
WHEREAS, although Section 6-4
sions.
of the City Code presently autho-
Sound Production Device: Radio,
rizes the City to approve four types
tape player, disc player, loudspeak-
of sound permits based on decibel
er, digital audio player, portable
levels, the City has not issued such
media player or other electric, elec-
permits for many years; WHEREAS,
tronic or mechanical device that
to enforce such an ordinance, City
produces or reproduces sound.
staff would need a decibel meter,
6-4-3: SPECIFIC ACTIVITIES
WHEREAS, a decibel meter is not
PROHIBITED:
effective in measuring bass sound;
A. No person shall play or operate,
WHEREAS, the disorderly house
or permit the playing or operating
provision in Section 8-5-5 has been
of, a sound production device with -
very effective in regulating noise,
in a motorized vehicle that is plain -
including amplified sound, in resi-
ly audible by any person: 1) either
dential areas;
across a real property line or at a
WHEREAS, other sections of the
distance of fifty (50) feet or more
City Code allow staff to issue
from the vehicle; and, 2) for more
sound permits;
than thirty (30) continuous sec -
WHEREAS, the City Code pres-
onds.
ently does not include an effective
B. No person shall cause or create,
way to regulate loud music coming
or permit the causing or creating
from a car radio, which has been a
of, a noise disturbance that is
source of resident complaints over
plainly audible by .any person: 1)
the years;
WHEREAS, this ordinance is
either across a real property line or
enacted to protect, preserve, and
at a distance of fifty (50) feet; and,
promote the health, safety, welfare,
2) for more than thirty (30) continu-
peace, and quiet of the citizens of
ous seconds.
the City through the reduction,
C. No person shall use amplified
control, and prevention of loud and
sound in City Plaza except with a
raucous noise, or any noise which
permit authorized in Titlel 0.
unreasonably disturbs, injures or
D. No person shall use amplified
endangers the comfort, repose,
sound in violation of Section 8-5-5
health, peace or safety of reason-
of this Code.
able persons of ordinary sensitivity;
E. No person shall so load, unload,
and
WHEREAS, it is in the City's best
open, close or handle boxes,
crates, containers, building materi-
interest to adopt this ordinance.
NOW, THEREFORE, BE IT
als, garbage cans or similar objects
ORDAINED BY THE CITY
outdoors between the hours of ten
COUNCIL OF THE CITY OF CITY,
o'clock (10:00) P.M. and six o'clock
(6:00) A.M. the following morning
IOWA:
as to create a noise disturbance
SECTION 1. AMENDMENTS.
1. Title 6, entitled "Public Health
across the property line of residen-
tially zoned property.
and Safety," Chapter 4, entkled
E. No person shall unload or handle
Noise Control," is deleted in its
garbage dumpsters or similar
entirety and the following new
objects outdoors between the
Chapter 4, entitled "Noise Control"
hours of ten o'clock (10:00) P.M.
is substituted in lieu thereof:
and seven o'clock (7:00) A.M. the
64-1: DEFINITIONS:
As used in this chapter, the follow-
following morning as to create a
ing,definitions shall apply:
noise disturbance across the prop-
arty line of residentially zoned
Amplified Sound: To increase -
property.
sound in intensity and duration by
F. No person shall operate con -
electrical, electronic, mechanical or
struction equipment before seven
other nonhuman means, including
o'clock (7:00) A.M. and after ten
an electronic device.
Noise Disturbance: Any loud and
o'clock (10:00) P.M. unless a permit
raucous noise, or any noise which
therefor has been obtained from
the city engineer.
unreasonably disturbs, injures or
6-4-4: EXCEPTIONS TO
endangers the comfort, repose,
PROVISIONS:
health, peace or safety of reason-
The provisions herein shall not
able persons of ordinary sensitivity;
apply to:
Person: Any natural or corporate
A. The emission of sound for the
person, business association or
purpose of alerting persons to the
other business entity including, but
time of day, the existence of an
not limited to, a partnership, a sole
emergency or the approved testing
proprietorship, a political subdivi-
thereof
sion, a public or private agency of
B. The emission of sound in the
any kind, a utility, a successor or
performance of emergency work,
assignee of any of the foregoing, or
including snow removal and main -
any other legal entity.
tenance of trees.
Plainly Audible: Any sound for
C. Emergency vehicles, such as fire
which the information content of
trucks and ambulances.
the sound is transferred to the lis-
D. Essential services, such as elec-
tener such as, but not limited to,
trical substations and safety devic-
understanding of spoken speech,
es
comprehension of whether a voice
is raised or lowered or comprehen-
sion of musical rhythms.
E. Construction and maintenance
activities between seven o'clock
(7:00) A.M. and ten o'clock (10:00)
P.M. "Maintenance activities" shall
be nonroutine operations, tempo-
rary in nature and conducted infre-
quently.
F. Cement sawing of freshly poured
concrete street, alley, sidewalk or
road surface.
G. Any person emitting sound pur-
suant to a permit under Title 10 of
this Code.
H. Reasonable activities conducted
on public playgrounds and public
or private school grounds, which
are conducted in accordance with
the manner in which such spaces
are generally used, including by not
limited to, school athletic and
school entertainment events.
I. Events conducted by affiliated
groups, as that term is defined in
Title 1 0, Chapter 1 of this Code or
if, sponsored or funded, in whole or
in part, by a governmental entity.
J. Equipment used for political
advertisements.
K. Equipment used for public
health and safety purposes.
L. Church or clock carillons, bells
or chimes or othbr reasonable
sounding of devices from houses
of worship.
M. Parades, processions or other
public events for which a parade or
other permit has been issued, pro-
vided the conditions of the permit
are complied with.
N. Car or truck horns or similar
devices when used to denote dan-
ger or a warning or possible dan-
ger.
6-4-5 VIOLATION:
Violation of this chapter shall be
considered a municipal infraction
punishable by a penalty as provid-
ed for in section 1-4-2D1 of this
code or a simple misdemeanor
punishable by a fine of $65.00.
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If
arty section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 18th
day of November 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pca0000418 s November 26, 2014
I r j
®
a6M1Mew
-Wc.ai_
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4601, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
December, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on December, 11, 2014.
Dated at Iowa City, Iowa, this 8th day of January 2015.
Ju K. Voparil
Deputy City Clerk
Printer's Fee $�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
I, so��O,_Cf CA q_
being duly sworn, say th t I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper_
time(s), on the following date(s):
):)-)1-N
Legal Clerk
Subscribed and sworn to
before me this -_day of
A.D.20.
NO u lic
ADAM JAMES KAHLER
Owl
Commission Number 785381
�- My Commission Expires
08/04/2017
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OFFICIAL PUBLICATION
NOTICE
ORDINANCE NO. 144001
ORDINANCE AMENDING TITLE
17, BUILDING AND HOUSING,
CHAPTER 10, CONDOMINIUM
CONVERSION CODE, TO READ
"CONDOMINIUM AND
MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE"; AND ADDING SECTION
17-10-2, "MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE" TO GOVERN
CONVEYANCES OF BUILDINGS
TO MULTIPLE HOUSING
. COOPERATIVES.
WHEREAS, in recent years,
numerous owners of commercial
apartment buildings have con-
veyed their property to multiple
housing cooperatives they control
in an effort to reduce their property
taxes by approximately 50%; and
WHEREAS, the great reduction in
revenue to the City from the build-
ings in question is not accompa-
nied by any reduction in the City
services needed by the building
owners or residents; and
WHEREAS, requiring that convey-
ances to multiple housing coopera-
tives be preceded by bringing the
buildings up to building code com-
pliance would go far in improving
the accessibility of the buildings
and the health and safety of the
residents, and the broader com-
munity; and
WHEREAS, a change in owner-
ship, from the present owner to a
multiple housing cooperative, is an
appropriate time to require building
code compliance, because a
change in ownership structure can
have a significant impact upon the
safety and usability of the building;
and
WHEREAS, when a building is
owned by a single owner, that
owner has full control and respon-
sibility for maintaining and operat-
ing their, property, and bears any
casualty loss to the building, but if
the same building is converted to a
condominium, or conveyed to a
multiple housing cooperative, the
ownership and control of the build-
ing is split up, and measures that
keep a building current with mod-
ern building code are made more
difficult because of the shared
nature of ownership and decision
making; and
WHEREAS, older structures that
are not building code compliant
represent a greater risk, and great-
er financial burden, to a community
if they lack the features that mini-
mize the need for community
resources; and
WHEREAS, a reduction in a struc-
ture's financial contribution to the
community should be limited to
those structures that meet stan-
dards that minimize these costs;
and
WHEREAS, bringing an apartment
building up to building code not
only provides for the safety and
well-being of the occupants, but
also minimizes the need for local
community assistance from Fire
Department and EMS personnel,
low income energy assistance,
weatherization, and building main-
tenance and enforcement person-
nel; and
WHEREAS, there are two general
areas under which building code
compliance would address the
concerns described above: 1) Life
Safety S 2) Accessibility code
requirements; and
WHEREAS, Life Safety building
code requirements, such as
requirements for an automatic
sprinkler system, fire alarm system,
fire door assemblies, one-hour fire
resistive dwelling unit separation,
arc -fault breakers and safety glaz-
ing on windows all help prevent
and minimize the spread of a fire
once it has started, which reduces
the chance of personal injuries and
loss of property; and
WHEREAS, other Life Safety stan-
dards such as requirements for
emergency escape and rescue
openings, attic access openings,
emergency lighting and exit enclo-
sure ventilation systems all help
residents of the building escape
the building during an event, and
help emergency response person-
nel with the rescue process during
an event, whether it be a fire, gas
leak or natural disaster; and
WHEREAS, in general, modern
building code standards attempt to
minimize loss (personal and prop-
erty) and reduce the risk if and
when there is a fire, gas leak,
power outage or natural disaster;
and
WHEREAS, modern building code
requirements also help reduce the
chance of the spread of a fire to
neighboring properties, thereby
improving life safety for the neigh-
borhood in which the structure is
located; and
WHEREAS, accessibility code
requirements such as graspable
hardware, ADA -compliant ramps,
elevators, bathroom and kitchen
layouts, accessible entrances and
parking, stairway handrails, and
locations of outlets, light switches
and environmental controls all help
make the structure more accessi-
ble
WHEREAS, accessibility has been
a goal both locally and state-wide
due to the aging population and the
desire to allow for a building to
serve a variety of potential resi-
dents over the life of the building;
and
WHEREAS, requiring that the con-
veyances be accompanied by
bringing the buildings up to then -
current building code standards
would, at least in part, make up for
the resulting loss in revenue to the
City by reducing the need for City
services, while at the same time
improving the life safety of the resi-
dents of the building and their
neighbors, and increasing accessi-
bility.
WHEREAS, it is in the best interest
of the City to adopt this amend-
ment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AMENDMENTS.
TITLE 17, BUILDING AND
HOUSING, CHAPTER 10,
CONDOMINIUM CONVERSION
CODE, is hereby amended by
replacing the Chapter 1 0 title with
the following:
CONDOMINIUM AND MULTIPLE
HOUSING COOPERATIVE
CONVERSION CODE
TITLE 17, BUILDING AND
HOUSING, CHAPTER 10 is hereby
further amended by adding a new
section, 17-10-2, entitled
"MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE" as follows:
17-10-2: MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE:
A No conveyance of any residen-
tial building or portion thereof to
a multiple housing cooperative
shall take place without the
building first conforming to the
City Building Code then in
effect.
BUnless a certificate of occupan-
cy confirming compliance with
the current building codes has
been issued by the building offi-
cial, no person shall file or record
an instrument in the office of the
county recorder conveying an
interest in real estate located in
the city to a multiple housing
cooperative.
C. At least 60 days before an
instrument of conveyance is
filed or recorded in the office of
the county recorder, the appli-
-thnt shall electronically file a
copy of such instrument,
together with the following
documents, with the building
official, and shall also pay a
conversion fee in the amount
set in the schedule of fees
adopted by the city council by
resolution:
1. An as -built plan for the entire
structure.
2. A building code analysis pre-
pared by an architect or pro-
fessional engineer, licensed in
the state of Iowa, demon-
strating that the structure
conforms with then -current
building codes, or can be
brought into conformance
with then -current building
codes by planned improve-
ments to be made to the
structure.
3. If the structure is not in con-
formance with then -current
building codes, the as -built
plan and building code analy-
sis must be accompanied by
construction plans detailing
planned improvements to
bring the structure into con-
formance with then -current
building codes.
D. Upon receipt of the code analy-
sis, as -built plans, construction
plans when necessary, and
conversion fee, the building
official shall review the docu-
ments and conduct such
inspections of the structure
ass/he may deem appropriate
to determine whether or not the
structure conforms' with the
requirements of this section, or
can be made compliant with
proposed construction plans.
Within sixty (60) days of receipt
of the documents and the con-
version fee, as provided above,
the building official shall issue a
certificate of occupancy or pro-
vide written notification to the
applicant regarding existing
structural deficiencies and/or
the failure of construction plans
to meet applicable codes.
SECTION 11 REPEALER, All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SFCTION III, SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be effective
upon publication.
Passed and approved this 2nd
day of December '2014.
PC400e042M December 11, 2014
1 � i
-'� �%WNdm
"W%Amn_
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4601, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
December, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on December 13, 2014.
Dated at Iowa City, Iowa, this 8th day of January 2015. \\``
Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
.`
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I m
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
Published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper-
Li-time(s), on the followin date(s):
G� {
Legal Clerk
Subscribed and sworn to
beforeve this __day of
G A. 2
Notary is
ADAM JAMES KAHLER
f2� Commission Number 785381
MY Commission Expires
08!04/2017
C. o - r ., Li, ' c::\ 0 }�
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1'�- \0� --I,
OFFICIAL PUBLICATION
WHEREAS, Life Safety building
ORDINANCE NO. 14-4601
code requirements, such as
ORDINANCE AMENDING TITLE
requirements for an automatic
17, BUILDING AND HOUSING,
sprinkler system, fire alarm system,
CHAPTER 10, CONDOMINIUM
fire door assemblies, one-hour fire
CONVERSION CODE, TO READ
resistive dwelling unit separation,
"CONDOMINIUM AND
arc -fault breakers and safety glaz-
MULTIPLE HOUSING
ing on windows all help prevent
COOPERATIVE CONVERSION
and minimize the spread of a fire
CODE"; AND ADDING SECTION
once it has started, which reduces
17-10-2, "MULTIPLE HOUSING
the chance of personal injuries and
COOPERATIVE CONVERSION
loss of property; and
CODE" TO GOVERN
WHEREAS, other Life Safety stan-
CONVEYANCES OF BUILDINGS
dards such as requirements for
TO MULTIPLE HOUSING
emergency escape and rescue
COOPERATIVE&
openings, attic access openings,
WHEREAS, in recent years,
emergency lighting and exit enclo-
numerous owners of commercial
sure ventilation systems all help
apartment buildings have con-
residents of the building escape
veyed their property to multiple
the building during an event, and
housing cooperatives they control
help emergency response person -
in an effort to reduce their property
nel with the rescue process during
taxes by approximately 50%; and
an event, whether it be a fire, gas
WHEREAS, the great reduction in
leak or natural disaster; and
revenue to the City from the build-
WHEREAS, in general, modern
ings in question is not accompa-
building code standards attempt to
nied by any reduction in the City
minimize loss (personal and prop -
services needed by the building
erty) and reduce the risk if and
owners or residents; and
when there is a fire, gas leak,
WHEREAS, requiring that convey-
power outage or natural disaster;
ances to multiple housing coopera-
and
tives be preceded by bringing the
WHEREAS, modern building code
buildings up to building code com-
requirements also help reduce the
pliance would go far in improving
chance of the spread of a fire to
the accessibility of the buildings
neighboring properties, thereby
and the health and safety of the
improving life safety for the neigh -
residents, and- the broader com-
borhood in which the structure is
munity; and
located; and
WHEREAS, a change in owner-
WHEREAS, accessibility code
ship, from the present owner to a
requirements such as graspable
multiple housing cooperative, is an
hardware, ADA -compliant ramps,
appropriate time to require building
elevators, bathroom and kitchen
code compliance, because a
layouts, accessible entrances and
change in ownership structure can
parking, stairway handrails, and
have a significant impact upon the
locations of outlets, light switches
yand usability of the building;
safetand
and environmental controls all help
make the structure more accessi-
WHEREAS, when a building is
ble to persons with disabilities,
owned by a single owner, that
elderly, and other segments of the
owner has full control and respon-
population which benefit from
sibility for maintaining and operat-
accessible features; and
ing their property, and bears any
WHEREAS, accessibility has been
casualty loss to the building, but if
the same building is converted to a
a goal l both locally and state-wide
condominium, or conveyed to a
d
due th e aging g population and
multiple housing cooperative, the
the desire to allow for a building to
ownership and control of the build-
serve a variety of potential resi-
ing is split up, and measures that
dents over the life of the building;
keep a building current with mod-
and
ern building code are made more
WHEREAS, requiring that the con-
difficult because of the shared
veyances be accompanied by
nature oWarship and decision
bringing the buildings up to then-
making;adn
current building code standards
.WHEREAS, older structures that.
would, at least in part, make up for
are not building code compliant
the resulting loss in revenue to the
represent a greater risk, and great-
City by reducing the need for City
er financial burden, to a community
services, while at the same time
'rf they lack the features that mini-
improving the life safe of the resi-
safety
mize the need for community
dents of the building and their
resources; and
neighbors, and increasing accessi-
WHEREAS, a reduction in a struc-
bre•
ture's financial contribution to the
WHEREAS, it is in the best interest
community should be limited to
of the City to adopt this amend -
those structures that meet stan-
ment.
dards that minimize these costs;
NOW, THEREFORE, BE IT
and
ORDAINED BY THE CITY
WHEREAS, bringing an apartment
COUNCIL OF THE CITY OF IOWA
building up to building code not
CITY, IOWA:
only provides for the safety and
of the occupants, but
also
also minimizes the need for local
AMENDMENTS -
SECTION 1.I. AND
TITLE 17, BUILDING A ND
community assistance from Fire
HOUSING, CHASTER 10,
Department and EMS personnel,
CONDOMINIUM CONVERSION
low income energy assistance,
CODE, is hereby amended b
weatherization, and building main-
replacing the Chapter 1 0 title with
to and enforcement person-
erson-
the following:
nel;
rel;l; and
and
CONDOMINIUM AND MULTIPLE
WHEREAS, there are two gene
HOUSING COOPERATIVE
areas under which building code
de
CONVERSION CODE
compliance would address the
TITLE 17, BUILDING AND
concerns described above: 1) Lite
HOUSING, CHAPTER 10 is hereby
Y
Safety & 2) Accessibility code
requirements; and
further amended by adding a new
section, 17-1 0-2, entitled
"MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE" as follows:
17.10-2: MULTIPLE HOUSING
COOPERATIVE CONVERSION
CODE:
A. No conveyance of any residen-
tial building or portion thereof to
a multiple housing cooperative
shall take place without the
building first conforming to the
City Building Code then in
effect.
B. Unless a certificate of occupan-
cy confirming compliance with
the current building codes has
been issued by the building offi-
cial, no person shall file or
record an instrument in the
office of the county recorder
conveying an interest in, real
estate located in the city to a
multiple housing cooperative.
C. At least 60 days before an
instrument of conveyance is
filed or recorded in the office of
the county recorder, the appli-
cant shall electronically file a
copy of such instrument,
together with the following doc-
uments, with the building offi-
cial, and shall also pay a conver-
sion fee in the amount set in the
schedule of fees adopted by the
city council by resolution:
1. An as -built plan for the entire
structure.
2. A building code analysis pre-
pared by an architect or pro-
fessional engineer, licensed
in the state of Iowa, demon-
strating that the structure
conforms with then -current
building codes, or can be
brought into conformance
with then -current building
codes by planned improve-
ments to be made to the
structure.
3. If the structure is not in con-
formance with then-currerht
building codes, the as -built
plan and building code anal-
ysis must be accompanied
by construction plans detail-
ing planned improvements
to bring the structure into
conformance with then -cur-
rent building codes.
D. Upon receipt of the code analy-
sis, as -built plans, construction
plans when necessary, and con-
version fee, the building official,
shall review the documents and
conduct such inspections of the
structure s/he may deem appro-
priate to determine whether or
not the structure conforms' with
the requirements of this section,
or can be made compliant with
proposed construction plans.
Within sixty (60) days of receipt
of the documents and the con-
version fee, as provided above,
the building official shall issue a
certificate of occupancy or pro-
vide written notification to the
applicant regarding existing
structural deficiencies and/or
the failure of construction plans
to meet applicable codes.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill, SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance, as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be effective
upon publication.
Passed and approved this 2nd day
of December 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Manan K. Karr, City Clerk
Pca 00042 w December 13, 2014
I r j
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It, !T►
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14 4L
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4602, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of
December, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on December, 24, 2014.
Dated at Iowa City, Iowa, this 8th day of January 2015.
Ju ' K. Voparil
Deputy City Clerk
01-�.J , I" _ 4bv -.-)"
Printer's Fee $ I b k,.3 �
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that i am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper (
time(s), on the followin date(s):
Legal Clerk
Subscribed and sworn to
befo a me this S d day o
��
Nota ub is
ADAM JAMES KAHLER
Commission Number 785381
My Commission Expires
08/04/2017
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4602
ORDINANCE CONDITIONALLY
REZONING 39.6 ACRES OF
f?ROPERTY FROM INTERIM
(DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL (ID -RS) ZONE TO
LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS -5) ZONE FOR
32.34 ACRES AND LOW DENSITY
MULTI -FAMILY (RM -12) FOR 7.26
ACRES LOCATED AT 4701
HERBERT HOOVER HIGHWAY.
(REZ14-00015)
WHEREAS, the applicant, Build to
Suit Inc., has requested a rezoning
of property located at 4701 Herbert
Hoover Highway from Interim
Development Single Family
Residential (ID -RS) zone to Low
Density Single -Family (RS -5) zone
for 32.34 -acres and to Low Density
Multi -Family (RM -12) zone for 7.26 -
acres; and
WHEREAS, the Comprehensive
Plan -Northeast District Plan indi-
cates that the subject property is
appropriate for a mix of multifamily
and single family residential devel-
opment; and
'WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and deter-
mined that it complies with the
Comprehensive Plan provided that
it meets conditions addressing the
Meed to provide sanitary sewer and
Water service to the property, a
pedestrian access route to the city
sidewalk system and general adher-
ence to the concept plan to assure
that the RM -12 zone is designed in
compliance with the Comprehensive
Plan policies regarding compatibili-
ty with the adjacent residential
neighborhood and appropriate
development appearance for an
entranceway to the city; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable condi-
ions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
'WHEREAS, the owner and appli-
cant have agreed that the property
ghall be developed in accordance
with the terms and conditions of the
Conditional Zoning Agreement
attached hereto to ensure appropri-
ate development in this area of the
city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
*SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
Wein, property described below is
hereby reclassrfied'from tD-RS to:
A. RS -5
BEGINNING AT THE
SOUTHWEST CORNER OF THE
NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-
QUARTER OF SECTION 7
TOWNSHIP 79 NORTH, RANGE
5 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA;
THENCE N00104'35"W, ALONG
THE WEST LINE OF SAID
NORTHWEST ONE-QUARTER,
1116.9 FEET; THENCE
S89°28'23"E, 277.8 FEET;
THENCE S00°03'19"E, 154.0
FEET; THENCE S89°28'23"E,
559.8 FEET; THENCE
N00°31'37"E, 154.0 FEET;
THENCE S89128'23"E, 318.3
FEET; THENCE N00°03'19"W
204.6 FEET, TO A POINT ON
THE NORTH LINE OF SAID
NORTHWEST ONE-QUARTER;
THENCE N89°56'41 "E, ALONG
SAID NORTH LINE, 160.0 FEET,
TO THE NORTHEAST CORNER
THEREOF; THENCE
S00°07'31 "W, ALONG THE
EAST LINE OF SAID
NORTHWEST ONE-QUARTER,
1313.7 FEET, TO THE
SOUTHEAST CORNER
THEREOF; THENCE
N89°53'03"W, ALONG THE
SOUTH LINE OF SAID
NORTHWEST ONE-QUARTER,
1312.9 FEET, TO SAID POINT OF
BEGINNING, CONTAINING
32.34 ACRES.
B. RM -12
BEGINNING AT THE
NORTHWEST CORNER OF THE
NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-
QUARTER OF SECTION 7,
TOWNSHIP 79 NORTH, RANGE
5 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA;
THENCE N89°56'41 "E, ALONG
THE NORTH LINE OF SAID
NORTHWEST ONE-QUARTER,
1157.5 FEET; THENCE
S00°03'19"E, 204.6 FEET;
THENCE N89°28'23"W, 318.3
FEET; THENCE S00°31'37"W,
154.0 FEET; THENCE
N89°28'23"W, 559.8 FEET;
THENCE N00°03'19"W, 154.0
FEET; THENCE N89°28'23"W,
277.8 FEET, TO A POINT ON
THE WEST LINE OF SAID
NORTHWEST ONE-QUARTER;
THENCE N00°04'35"W, ALONG
SAID WEST LINE, 192.8 FEET,
TO SAID POINT OF BEGINNING
CONTAINING 7.26 ACRES.
SECTION II. ZONING MAP The
building official is hereby authorized
and directed to change the zoning
map of the City of Iowa City, Iowa,
to conform to this amendment upon
the final passage approval and pub-
lication of the ordinance as
approved by law.
SECTION III. CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner and
the City, following passage and
approval of this Ordinance.
SECTION IV CERTIFICATION AND
RECORDING. Upon passage and
approval of the Ordinance, the City
Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage, approval and publication
of this ordinance, as provided by
Law.
SECTION V REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional
...... _...
SECTION VII EFFECTIVE DATE
This Ordinance shall be in effect
MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE
A.The Owner shall be respon-
after its final passage, approval and
N00°04'35"W, ALONG THE
sible for providing sanitary
publication, as provided by law.
WEST LINE OF SAID
sewer and water service to this
Passed and approved this 16th
NORTHWEST ONE-QUARTER,
property.
day of December, 2014.
1116.9 FEET; THENCE
S89°28'23"E, 277.8 FEET;
B. The Owner shall establish
s/Matth ew J. Hayek, Mayor
ew J.
THENCE S00°03'19"E, 154.0
and construct a pedestrian
City
Attest: an K. Karr Cit Clerk
FEET; THENCE S89°28'23"E,
access route to the city side -
559.8 FEET; THENCE
walk system upon the first
CONDITIONAL ZONING
N00°31'37"E, 154.0 FEET;
phase of development of any
AGREEMENT
THENCE S89°28'23"E, 318.3
portion of the subject property
FEET; THENCE N00°0319"W,
described in paragraph 1
THIS AGREEMENT is made
FEET, TO A POINT ON
above.
between the City of Iowa City, Iowa,
THE NORTH LINE SAID
THE
a municipal corporation (hereinafter
NORTHWEST ONE-QUU ARTER;
C. Development of the RM -12
"City") and AGRD Green Bay, L.L.C.
THENCE N89"E, ALONG
zoned property shall bet sub -
(hereinafter
(hereinafter "Owner/Applicant").
NORTHH LINE, 160.0
stantial :compliance with the
FEET, TO THE NORTHEAST
concept plan, attached hereto
A
Owner/Applicant is
WHEREAS, the Owner/A
CORNER THEREOF; THENCE
and 1s rii6rence made pertof
the legal title holder approxi-
S00°07'31 "W, ALONG THE
this agreement, showing town -
mately 39.6 acres of property locat-
mately acresf prop
EAST LINE OF SAID
house style multi -family build -
ed at01 Highway;
NORTHWEST ONE-QUARTER,
ings with driveway access from
1313.7 FEET, TO THE
a rear lane.
SOUTHEAST CORNER
WHEREAS, the Owner/Applicant
THEREOF; THENCE
D.Priortoissuanceofabuilding
has requested the rezoning of said
q g
N89°53'03"W, ALONG THE
permit for any development of
property from Interim Development
SOUTH LINE OF SAID
the RM -12 zoned property,
Single Family Residential (ID -RS) to
NORTHWEST ONE-QUARTER,
Owner shall get approval of a
Low Density Single Family
1312.9 FEET, TO SAID POINT
development plan, including a
Residential (RS -5) for 32.34 acres
OF BEGINNING, CONTAINING
landscaping plan, exterior
and Low Density Multifamily
32.34 ACRES, AND SUBJECT
building designs, and site plan
Residential (RM -12) for 7.26 acres;
TO EASEMENTS AND
from the Design Review
and
RESTRICTIONS OF RECORD.
Committee to ensure
Comprehensive Plan policies
WHEREAS, the Planning and
g
AND
regarding compatibility with
Zoning Commission has the
lower density residential prop -
reviewed the proposed rezoning
BEGINNING AT THE
erties and appropriate develop -
and determined that it complies
NORTHWEST CORNER OF
ment appearance for an
with the Comprehensive Plan pro-
THE NORTHWEST ONE-
entranceway to the city.
vided that it meets conditions
QUARTER OF THE
addressing the need to provide
NORTHEAST ONE-QUARTER
4. The Owner/Applicant and City
sanitary sewer and water service to
acknowledge that the condi-
the property, a pedestrian access
OF SECTION 7, TOWNSHIP 79
tions contained herein are rea-
route to the city sidewalk system
NORTH, RANGE 5 WEST, OF
sonable conditions to impose
and general adherence to the con -THE
FIFTH PRINCIPAL
on the land under Iowa Code
ceprplantoassure that the RM -12
MERIDIAN, JOHNSON
§414.5 (2013), and that said
2ottftdesignedm'Gotriplianeewith
COUNTY, IOWA; THENCE
conditions satisfy public needs
`theComprehensive Plan policies
N89°56'41 "E, ALONG THE
that are caused by the request -
regarding compatibility with the
NORTH LINE OF SAID
ed zoning change.
adjacent residential neighborhood
NORTHWEST ONE-QUARTER,
and appropriate development
1157.5 FEET; THENCE
5. The Owner/Applicant and City
appearance for an entranceway to
S00103'19"E, 204.6 FEET;
acknowledge that in the event
the city; and
THENCE N89028'231 -W, 318.3
the subject property is trans -
FEET; THENCE S00°31'37"W,
ferred, sold, redeveloped, or
WHEREAS, Iowa Code §414.5
154.0 FEET; THENCE
subdivided, all redevelopment
(2013) provides that the City of Iowa
N89'P8'23^W, 559.8 FEET;
will conform with the terms of
City may impose reasonable condi-
THENCE N00103'19"W, 154.0
this Conditional Zoning
tions on granting an applicant's
FEET; THENCE N89°2823"W,
Agreement.
rezoning request, over and above
P77.8 FEET, TO A POINT ON
existing regulations, in order to sat-
THE WEST LINE OF SAID
6. The parties acknowledge that
isfy public needs caused by the
NORTHWEST ONE-QUARTER;
this Conditional Zoning
requested change; and
THENCE N00104'35"W,
Agreement shall be deemed to
ALONG SAID WEST LINE,
be a covenant running with the
WHEREAS, the Owner/Applicant
192,8 FEET, TO SAID POINT
land and with title to the land,
acknowledges that certain condi-
OF BEGINNING, CONTAINING
and shall remain in full force
tions and restrictions are reason-
7,26 ACRES, AND SUBJECT
and effect as a covenant with
able to ensure the development of
TO EASEMENTS AND
title to the land, unless or until
the property is consistent with the
RESTRICTIONS OF RECORD.
released of record by the City of
Comprehensive Plan and the need
Iowa City.
for pedestrian accessibility; and
2, The Owner/Applicant acknowl-
edges that the City wishes to
The parties further acknowl-
WHEREAS, the Owner/Applicant
ensure conformance to the
edge that this agreement shall
agrees to develop this property in
principles of the Comprehensive
inure to the benefit of and bind
accordance with the terms and con-
Plan and the Northeast District
all successors, representatives,
ditions of a Conditional Zoning
Plan. Further, the parties
and assigns of the parties.
Agreement.
acknowledge that Iowa Code
§414.5 (2013) provides that the
7. The Owner/Applicant acknowl-
NOW, THEREFORE, in consider-
City of Iowa City may impose
edges that nothing in this
ation of the mutual promises con-
reasonable conditions on
Conditional Zoning Agreement
tained herein, the parties agree as
granting an applicant's rezon-
shall be construed to relieve the
follows:
ing request, over and above the
Owner/Applicant from comply -
existing regulations, in order to
ing with all other applicable
1. AGRD Green Bay, L.L.C. is the
satisfy public needs caused by
local, state, and federal regula-
legal title holder of the property
the requested change.
tions.
legally described as:
3. In consideration of the City's
BEGINNING AT THE
rezoning the subject property,
SOUTHWEST CORNER OF
the Owner/Applicant agrees
THE NORTHWEST ONE-
that development of the subject
QUARTER OF THE
property will conform to all
NORTHEAST ONE-QUARTER
other requirements of the -
OF SECTION 7, TOWNSHIP 79
fol
ing chapter, as well as the fol
NORTH, RANGE 5 WEST, OF
lowing conditions:
THE FIFTH PRINCIPAL
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence into the ordinance rezon-
ing the subject property, and
that upon adoption and publi-
cation of the ordinance, this
agreement shall be recorded in
the Johnson County Recorder's
Office at the Owner's expense.
Dated this 16th day of December,
2014.
By: s/Benjamin Logsdon
CITY OF IOWA CITY
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pc 60-42500 December 24, 2014
� r
III
mm; R,.w
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4603, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of
December, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on December, 24, 2014.
Dated at Iowa City, Iowa, this 8th day of January 2015.
K. Voparil
Deputy City Clerk
Printer's Fee S�1_�{
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
being duly sworn, say that I am'
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached,yeas
published in said paper I
time(s), on the followin date(s):
�a �
Legal Clerk
Subscribed and sworn to
before me this
r� A.D 20
Notary P bl
ADAM JAMES KAHLER
�1� Commission Number 785381
My Commission Expires
08/04/2017
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4603
AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY 0.5
ACRES OF PROPERTY LOCATED
AT 708 SOUTH RIVERSIDE DRIVE
TO RIVERFRONT CROSSINGS -
WEST RIVERFRONT (RFC -WR)
ZONE. (REZ14-00018)
WHEREAS, the applicant, Noah
Kemp, President of Professional
Mufflers, Inc., has requested a
rezoning of property located 708
South Riverside Drive from
Community Commercial (CC -2)
zone to Riverfront Crossings -West
Riverfront (RFC -WR) zone, as well
as the vacation, conveyance and
rezoning of an adjacent portion of
City right-of-way to help facilitate
redevelopment of this property; and
WHEREAS, the Downtown and
Riverfront Crossings Master Plan
was adopted in January 2013 as an
integral part of the City's
Comprehensive Plan and the sub-
ject property is located in the West
Riverfront Subdistrict of the
Riverfront Crossings District; and
WHEREAS, the Riverfront
Crossings - West Riverfront (RFC -
WR) Zone was developed to help
implement the vision of the
Riverfront Crossings Master Plan by
encouraging redevelopment that
Will create a more pedestrian -friend%
ty character along Riverside Drive
by enhancing the streetscape and
overall aesthetics, tempering auto -
dominated frontages by locating
buildings closer to the street with
parking behind or to the side of
buildings, and creating a place
where people can live close to the
Iowa River and to shopping, restau-
rants, and other services; and
WHEREAS, the requested rezoning
will result in the' redevelopment of
one corner of a highly visible inter-
section within the district; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and deter-
mined that it complies with the
Comprehensive Plan, provided land
is dedicated to the City to widen the
South Riverside Drive right-of-way
to create a larger landscape buffer
between the traffic lanes and the
public sidewalk; and
WHEREAS, the City is concurrently
considering approval of the request-
ed vacation and conveyance of
right-of-way, and finds that rezoning
of that land in conjunction with the
rezoning of 708 South Riverside
Drive is appropriate; and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, the owner, Professional
Mufflers, Inc. and applicant have
agreed that the property shall be
developed in accordance with the
terms and conditions of the
Conditional Zoning Agreement
attached hereto, to satisfy public
needs caused by the requested
development to ensure appropriate
development in this area of the city.
NOW, THEREFORE, ' BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
herein, property described below is
hereby reclassified from its current
zoning designation to Riverfront
Crossings -West Riverfront (RFC -
WR):
BEGINNING AT THE NORTHEAST
CORNER OF AUDITOR'S PARCEL
NO. 2006106, IN ACCORDANCE
WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 51 AT
PAGE 45 OF THE RECORDS OF
THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE
S03°05'57"E, 73.60 FEET; THENCE
S63°46'37"W, 57.73 FEET; THENCE
S86°54'03"W, 134.21 FEET;
THENCE 1\102°51'01"W, 131.04
FEET; THENCE SOUTHEASTERLY,
15.75 FEET ALONG AN ARC OF A
10.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY,
WHOSE 14.17 FOOT CHORD
BEARS S47°58'29"E; THENCE
N86°54'03"E, 176.74 FEET;
THENCE SOW05'57"E, 24.73 FEET,
TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS
0.51 ACRE (22,051 SQUARE FEET),
AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The
building official is hereby authorized
and directed to change the zoning
map of the City of Iowa City, Iowa,
to conform to this amendment upon
the final passage, approval and
publication of the ordinance as
approved by law.
SECTION III, CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV CERTIFICATION AND
RECORDING. Upon passage and
approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance, and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the
Owner's expense, upon the final
passage, approval and publication
of this ordinance, as provided by
law.
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or;any section, provision or part
thereof not adjudged dnvalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 16th day
of December, 2014.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
c 1"k , ( (-� — L -k to
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City"), Noah Kemp (hereinafter
"Applicant") and Professional
Mufflers, Inc. (hereinafter "Owner").
WHEREAS, Owner is the legal title
holder of approximately 17,000
square feet of property located at
708 South Riverside Drive; and
WHEREAS, Applicant requested
that the City rezone its property, and
a portion of City -owned right-of-
way, from Community Commercial
(CC -2) zone to Riverfront Crossings -
West Riverfront (RFC -WR) zone;
and
WHEREAS, Applicant has concur-
rently made an application for the
City to vacate and convey that por-
tion of right-of-way to facilitate
redevelopment of 708 South
Riverside Drive; and
WHEREAS, the Planning and
Zoning Commission has deter-
mined that, with appropriate condi-
tions regarding pedestrian safety
and comfort, the requested zoning
is consistent with the
Comprehensive Plan and further
recommended that Council approve
the right-of-way vacation request;
and
WHEREAS, Iowa Code §414.5
(2013) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS; the Owner acknowl-
edges that certain conditions and
restrictions are reasonable to
ensure the development of the
property is consistent with the
Comprehensive Plan and the need
for pedestrian safety and comfort;
and
WHEREAS, the Owner agrees to
develop this property in accordance
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
1. Professional Mufflers, Inc. is the
legal title holder of the property
legally described as
BEGINNING AT THE
NORTHEAST CORNER OF
AUDITOR'S PARCEL NO,
2006106, IN ACCORDANCE
WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 51
AT PAGE 45 OF THE RECORDS
OF THE JOHNSON COUNTY
RECORDER'S OFFICE;
THENCE S03°05'57"E, 73.60
FEET; THENCE S63°46'37"W,
57.73 FEET; THENCE
S86°54'03"W, 134.21 FEET;
THENCE NO2°51'01 "W, 131.04
FEET; THENCE
SOUTHEASTERLY, 15.75 FEET
ALONG AN ARC OF A 10.00
FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY,
WHOSE 14.17 FOOT CHORD
BEARS S47°58'29"E; THENCE
N86°54'03"E, 176.74 FEET;
THENCE S03°0657"E, 24.73
FEET, TO THE POINT OF
BEGINNING. SAID PARCEL OF
LAND CONTAINS 0.51 ACRE
I22,051 SQUARE FEET), AND
S SUBJECT TO EASEMENTS
AND RESTRICTIONS OF
RECORD.
2. The Owner and Applicant
acknowledge that the City
wishes to ensure conformance
to the principles of the
Comprehensive Plan, including
the West Riverfront Subdistrict
of the Downtown and Riverfront
Crossings Master Plan. Further,
the parties acknowledge that
Iowa Code §414.5 (2013) pro-
vides that the City of Iowa City
may impose reasonable condi-
.-Aions'66 granting ari applk*Vs
rezoning request, over 'and
above the existing regulations,
in order to satisfy public needs
caused by the requested
change.
3. In consideration of the City's
rezoning the subject property,
Owner and Applicant agree that
development of the subject
property will conform to all
other requirements of the zon-
ing chapter, as well as the fol-
lowing conditions to be satis-
fied upon redevelopment of the
property:
a. Owner shall dedicate a strip
of land 1 0 feet wide along
the subject property's entire
Riverside Drive frontage to
the City prior to issuance of
any building permit for the
subject property, to enable
the widening of the public
right-of-way to enhance
pedestrian safety along the
corridor.
4. The Owner and Applicant and
City acknowledge that in the
event the subject property is
transferred, sold, redeveloped,
or subdivided, all redevelop-
ment will conform with the
terms of this Conditional Zoning
Agreement.
5. The parties acknowledge that
this Conditional Zoning
Agreement shall be deemed to
be a covenant running with the
land and with title to the land,
and shall remain in full force
and effect as a covenant with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowl-
edge that .this agreement shall
inure to the benefit of and bind
all successors, representatives,
and assigns of the parties.
6. The Owner and Applicant
acknowledge that nothing in
this Conditional Zoning
Agreement shall be construed
to relieve the Owner from com-
plying with all other applicable
local, state, and federal regula-
tions.
The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence into the ordinance rezon-
ing the subject property, and
that upon adoption and publi-
cation of the ordinance, this
agreement shall be recorded in
the Johnson County Recorder's
Office at the Owner's expense.
Dated this 16th day of December,
2014.
PROFESSIONAL MUFFLER, INC.
By: s/Noah Kemp, President
CITY OF IOWA CITY
s/Matthew Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk.
PC -6000042501
December 24, 2014
alp 17ip�M`M' 't
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4604, which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of
December, 2014, all as the same appears of record in my office and published in the Iowa City
Press -Citizen on December, 24, 2014.
Dated at Iowa City, Iowa, this 8th day of January 2015. 7�
�\' � "
Jull K. Voparil �—
Deputy City Clerk
Printer's Fee $ .301. J
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS -CITIZEN
FED.ID#42-0330670
oS6
being duly sworn, say thal I am
the legal clerk of the IOWA CITY
PRESS -CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper_____
time(s), on the foliowin date(s):
—_�6A f
Legal Clerk
Subscribed and sworn to
beforEe this 30 day
20
Nota u is
ARAM JAMES KAHLER
' Commission Number 785381
," My Commission Expires
08104/2017
OFFICIAL PUBLICATION
ORDINANCE NO. 14-4604
ORDINANCE VACATING OLD
BENTON STREET RIGHT-OF-
WAY,
IGHT OF -
WAY, AUDITOR'S PARCEL
2014085, LOCATED ADJACENT
TO 708 SOUTH RIVERSIDE
DRIVE. (VAC14-00002)
WHEREAS, the applicant has
requested that the City vacate and
convey to the applicant a portion of
the Old Benton Street right-of-way
adjacent to his property 708 South
Riverside; and
WHEREAS, this public right-of-
way is not needed for circulation
beyond access to the two adjacent
properties and the trailhead for the
Iowa River Corridor trail; and
WHEREAS, there does not appear
to be any public interest in continu-
ing to incur cost, staff time, and
liability in maintaining this right-of-
way;
WHEREAS, the adjacent property
at 708 S. Riverside Drive is a small
property, with limited development
potential; and -
WHEREAS, vacation of the right-
of-way will better enable the adja-
cent property at 708 S. Riverside to
redevelop in compliance with the
Riverfront Crossings Master Plan;
and
WHEREAS, one redevelopment
scenario depicted in the Riverfront
Crossings Plan, shows this the Old
Benton Street right-of-way as the
drive for a shared parking area
located between the adjacent
properties; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed vacation
and has recommended approval of
the application subject to the fol-
lowing conditions:.
• Rezoning of the property at 708
South Riverside Drive to Riverfront
Crossings -West Riverfront
Subdistrict; and
-Conveyance of the 4,665 square
foot portion of the ROW is concur-
rent with the redevelopment of the
corner property; and
• Establishment of a 22 -foot wide
public access easement to pre-
serve vehicular access for both
adjacent properties and the park
and trailhead.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I VACATION, The City of
Iowa City hereby vacates that por-
tion of public right-of-way
described as follows:
LEGAL DESCRIPTION
AUDITOR'S PARCEL 2014085,
RECORDED IN BOOK 2524 AT
PAGE 139, JOHNSON COUNTY
RECORDERS OFFICE. SAID
PARCEL OF LAND CONTAINS 0.11
ACRE (4,665 SQUARE FEET), AND
IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABiLITY, If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV, EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 16th
day of December, 2014.
s/Matthew J. Hayek, Mayor Attest:
s/Marian K. Karr, City Clerk
December 24, 2014